Excel Trading (Pty) Ltd v Chetty (CA 06/2012 Appeal from Rent Board Decisions RB 20/10 and RB 82/10 ) [2015] SCSC 15 (21 January 2016);
Download:
IN THE SUPREME COURT OF SEYCHELLES
Civil Side: CA 06/2012
Appeal from Rent Board Decision RB 20/10 and RB 82/10
[2016] SCSC 15
EXCEL TRADING (PTY) LTD
Appellant
Heard: 29th October 2015.
Counsel: Mr Anthony Derjaques for appellant
Mr Basil Hoareau for respondent
Delivered: 21st January 2016.
[1.] This is an Appeal from a Judgment of the Rent Board [hereinafter referred to as “the Board”] dated 17th February 2012 in relation to two matters, RB No. 20/10 and RB 82/10, where the now Respondent was the Applicant before the Board.
[2.] The applications before the Board related to rented commercial property, namely [A] the store and offices premises at numbers 106, 107, 108 and 113 on the first floor, shop premises at numbers 5, 6 and 11 on the ground floor, the warehouse storage premises also on the ground floor together with the warehouse storage, all premises or areas being within the building known as the Srinivas Complex, Victoria [Application RB/20/10] and [B] the store or office on the first floor of the said complex and more particularly described as facing Trinity House on Albert Street Victoria and known as the “ ex inter lotto centre” [Application RB 82/10].
[3.] The Board, having heard all the evidence and considered the Submissions of Counsel, found in favour of the Applicant, Levi Krishna Chetty and made the following Order namely:
- In Application RB 20/10, the Respondent, Excel Trading [Pty] Limited, owed arrears of rent in the sum of Rs 815,400.00 up to March 2011 with a continuing liability to pay rent, and
- In Application RB 82/10 the Respondent, Excel Trading [Pty] Limited owed arrears of rent of Rs 915,000.00 up to March 2011 with a continuing liability to rent.
- A period of three months was given for payment failing which the Applicant could apply for an order of eviction.