Sadep Builders (Pty) Ltd v Stravens (25 of 2005) [2008] SCSC 4 (9 May 2008)

Sadep Builders (Pty) Ltd v Stravens (25 of 2005) [2008] SCSC 4 (9 May 2008)

There was no written agreement authorizing extra work as required by law, so the contract price remains at Rs1,475,743. The defendant's claim of set-off for the Mercedes Benz car was not proven to be part of the contract. The defendant paid Rs1,256,223.80, leaving a balance of Rs219,519.20, less Rs11,118.80 overpaid, resulting in judgment for the plaintiff for Rs208,400.40.

Citation
[2008] SCSC 4
Parties
Plaintiff: SADEP Builders (Pty) Ltd; Defendant: Antonio Stravens
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 May 2008
Case Number
25 of 2005
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Building Contracts, Extra Work Claims, Set Off, Burden of Proof
Source Language
English
Contract Breach of Contract Building Contracts Extra Work Claims Set Off Burden of Proof

Case Brief

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Parties

SADEP Builders (Pty) Ltd

Plaintiff

Antonio Stravens

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to claim for extra work outside the original contract price
  2. 2 Whether there was a written agreement for extra work
  3. 3 Whether the defendant is entitled to set off the value of a Mercedes Benz car against the contract price

Ratio Decidendi

There was no written agreement authorizing extra work as required by law, so the contract price remains at Rs1,475,743. The defendant's claim of set-off for the Mercedes Benz car was not proven to be part of the contract. The defendant paid Rs1,256,223.80, leaving a balance of Rs219,519.20, less Rs11,118.80 overpaid, resulting in judgment for the plaintiff for Rs208,400.40.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff Rs208,400.40
  • Defendant to pay interest and costs of action