ANDRE J

[1]        This Judgment arises out of an appeal from a Magistrate’s Court decision of the 5th April 2018 (“the Judgment”) wherein the plaint of the Appellant was dismissed.

[2]        For the purpose of this Judgement, the following are the salient factual and procedural      background thereof.

NUNKOO J

[1]        The Respondent was in the employment of the Appellant as a quantity surveying technician. Following the termination of his employment and after the failure of mediation, he sought compensation for unlawful dismissal before the Employment Tribunal. The Respondent claimed the following:

(a)Unpaid salary from 1^st June 2017 to 9^th June 2017.

(b) 13 days annual leave.

NUNKOO JUDGE

[1]        By plaint dated 18 April 2018, the Plaintiff is praying the court to make the following orders:

1.   Declaring that the Plaintiff has been impoverished and that the first Defendant has been unjustly enriched in enjoying his name on the Purchase Agreement with the 2nd Defendant in regard to the property

BURHAN J

[1]        I have considered the submissions made in respect of the application for bail by Learned Counsel for the accused Mr. Andre. I have also considered the objections of Learned Principal State Counsel Mr. Chinasammy in respect of releasing the accused on bail.

[2]        The main grounds urged by Learned Counsel for the accused in respect of his application for bail are:

BURHAN J

[1]        On the 5th of March 2019, Learned Counsel Mr. Andre filed an application setting out that the vessel Payam Al Mansur which was released by successive orders of the Supreme Court be released to his clients, in the state it was at the time of arrest which is in working condition so as to allow the crew to sale to Iran and deliver the said vessel. The further request is that adequate provisions be placed on the vessel.

ORDER

Trafficking in small amount of heroin (Diamorphine) 1 year suspended for 3, plus fine of Rs10000.

Trafficking in small amount of Cannabis herbal material-Sentence Rs10000.

Possession of minute amount of Cannabis resin-sentence  Rs2000.

PILLAY J

[1]        The Plaintiff in this case seeks an order of the Court for the Defendant to pay the Plaintiff the sum of SCR 1, 418, 106.16 plus interest and costs on the basis that the Defendant acted in breach of the lease between the parties.

[2]        The plaint reads as follows

(1)  At all material time, the Plaintiff is and was a businessman and the Defendant an Association.

TWOMEY CJ

Background facts

B. ADELINE, MASTER

[1]        By way of an application, by Petition, dated 14^th November 2018, filed as XP 186/2018, one Dick Patrick Esparon of Baie Lazare, Mahé sought for an order of this Court to appoint him as executor to the estate of his late son, Chris Rohn Esparon.

[2]        By an Order of this Court made on the 17^th December, 2018 his application was granted, and accordingly, he was appointed as executor to the estate of his late son, Chris Rohn Esparon.

S.NUNKOO

[1]        The plaintiff entered into a building contract with the Defendants, both husband and wife residing at Au Cap, Mahe. The contract provided for the construction of a two bedroom house with gazebo, a carport and swimming pool at Au Cap, Mahe.

[2]        The agreed price was SCR 2,900,000.00.

[3]        Later additional works for an agreed price of SCR 10,619.00 were also included in the contract.