News on Sunday

One judgment in a consolidated two civil cases in favour of a proprietor against his two building contractors

La Cour suprême

“In the light of the above, I order both Seven Sept Ltd and Mr Juganaden, jointly and in solido to pay to Mr Walia the total amount of Rs 4,291,409.09 [4,061,409 + 200,000 + 30,000] with costs and interest.  As regards the counterclaim of Seven Sept Ltd and Mr Juganaden against Mr Walia wherein the two of them have claimed a total amount of Rs.6,313,891.43 representing amount due for additional works and sum paid to the contractor, not a single piece of evidence has been adduced in support thereof. In the circumstances, I have no alternative than to simply reject that claim. But I shall make no order as to cost since Mr Juganaden was conducting his own defence.” It is the judgment comprising some 30 pages delivered by Justice. Gérard Angoh, sitting at the Supreme Court (Commercial Division)  on 14th August  in the matter.

The above two cases were on 27th March 2015 consolidated at the request of all counsel so that a single judgment will be delivered in respect of both cases. In case CN 00343/14 the plaintiff, Ramasawmy & Ramasawmy Co. Ltd is praying for a judgment condemning and ordering the two defendants, Harjit Singh Walia and Seven Sept Ltd jointly and in solido, to pay to it a total sum of Rs.9,505,912.15 representing construction works, site establishment taken over by the defendants, loss of profits and costs of suspension of works on site, together with interests and costs.

In that plaint, it has been averred by the plaintiff that defendant No.1 (Harjit Singh Walia), who is the owner of a plot of land at Monté S, Camp Benoit, Petite Rivière, appointed defendant No.2 (Seven Sept Ltd ) as his main contractor for the construction of a building on that plot of land. Defendant No.2 (Seven Sept Ltd) has in turn appointed the plaintiff (Ramasawmy & Ramasawmy Co.) as the contractor for the construction of the said building for the benefit of defendant No.1 ( Harjit Singh Walia) and this in virtue of a written contract. The contract awarded amounted to Rs.31,567,500 inclusive of VAT.