Enterprise Seychelles Agency v Constance (CS 83 of 2023) [2024] SCSC 221 (11 September 2024)

SUPREME COURT OF SEYCHELLES Page 1 of 3 Reportable CS83/2023 In the matter between: ENTERPRISE SEYCHELLES AGENCY Plaintiff (represented by Ms. Shireen Denys) and LOUISELLE CONSTANCE, (Trading as Leo's Food Bus) (represented by Mr. Brian Julie) Defendant Neutral Citation: ESC v Constance (CS83/2023) 11th September 2024 Before: Adeline J Summary: Proceedings commenced by plaint for order for Defendant to vacate premises and pay outstanding rent/plaint amended, Defendant admitted plaint as amended. Heard: 11th September 2024 Delivered: 11th September 2024 FINAL ORDER The Defendant is ordered to hand over the premises at the ex-children playground in its actual occupation with vacant possession to the Plaintiff. JUDGMENT Page 2 of 3 Adeline, J [1] By way of a plaint dated 30th August 2023, filed in COUlipursuant to Section 22 read with Section 23 of the Seychelles Code of Civil Procedure, the Enterprise Seychelles Agency, ("the Plaintiff') commenced legal proceedings before the Supreme Court against one Louisel1e Constance trading as Leo's Food Bus ("the Defendant") in which plaint, initially, the Plaintiff sought for the following reliefs; "a. declares that the Defendant has breached the terms of its lease with the Plaintiff by failing to vacate, quit or leave the premises following the expiratory of the lease on.3JS' August 2022, and or the issuing ofnotice. b. in the alternative, declares that the lease is rescinded as a result of thefact that it was clear on itsface that it terminated as at 3Ft August 2022, and/or come to an end as a result of the Notice issued by the Plaintiff c. Orders the Defendant to deliver up vacantpossession of thepremises d. Order the Defendant to pay any outstanding rent arrears in respect of the premises owing to the Plaintiff at the date of thejudgment together with interestfrom the date of this plaint untilfull andfinal satisfaction of the outstanding arrears owed to the Plaintiff e. order the Defendant to pay the Plaintiff's cost of this action, and f make any other order it considers to bejust andfair in the circumstances of this case. " [2] The Defendant who for the first time appeared in person before this COUli on the 17th January 2024, indicated to the COUlithat he would file a statement of defence, and from the 31 st January 2024 thereon, he was represented by Counsel who undertook to file a statement of defence. [3] On the 11th of September 2024, on a motion made viva voce, leamed Counsel for the Plaintiff sought to amend the plaint, and with leave of this Court, the plaint was accordingly amended by Counsel abandoning most of the reliefs sought for, notably, a, b, d and e at paragraph [1] above, retaining the following; Page 3 of 3 "c. orders the Defendant to deliver up vacant possession ofthe premises to the Plaintiff f makes any other order it considers to be just and fair in the circumstances of this case. [4] Although the Defendant was given ample time and opportunity to file statement of defence, by the 11th September 2024, the Defendant had not done so. Instead, in the proceeding of the 11th September 2024, the Court was informed, that given that the Plaintiff had amended its plaint, the Defendant would not file a statement of defence, but would instead admit the plaint. [5] Therefore, the Defendant having admitted the plaint as amended, this Court enters judgment in favour of the Plaintiff against the Defendant in the following term; (1) the Defendant is ordered to hand over the premises at the ex-children playground in its actual occupation with vacant possession to the Plaintiff. and delivered at Ile du Port 11th September 2024