Delorie v Sinon (42 of 2005) [2006] SCSC 74 (31 October 2006)

Delorie v Sinon (42 of 2005) [2006] SCSC 74 (31 October 2006)

The defendant breached the agreement and misrepresented material facts, causing the plaintiff to suffer loss and inconvenience. The plaintiff proved her case on a balance of probability and is entitled to damages for rental expenses and moral suffering.

Citation
[2006] SCSC 74
Parties
Plaintiff: Venise Delorie; Defendant: Radley Sinon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 October 2006
Case Number
42 of 2005
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Misrepresentation, Damages, Right of Way
Source Language
English
Contract Law Tort Law Breach of Contract Misrepresentation Damages Right of Way

Case Brief

Summary, issues, holding and outcome

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Parties

Venise Delorie

Plaintiff

Radley Sinon

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the defendant breached the agreement to construct a road
  2. 2 Whether the defendant misrepresented ownership of the land
  3. 3 Whether the plaintiff is entitled to damages for loss and inconvenience

Ratio Decidendi

The defendant breached the agreement and misrepresented material facts, causing the plaintiff to suffer loss and inconvenience. The plaintiff proved her case on a balance of probability and is entitled to damages for rental expenses and moral suffering.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff SR 3,000 per month from date of filing of plaint to date of judgment
  • Plaintiff awarded SR 3,000 as moral damages