Azemia v World Electronics (Pty) Ltd (215 of 2008) [2009] SCSC 55 (3 November 2009)

IN THE SUPREME COURT OF SEYCHELLES IN THE SUPREME COURT OF SEYCHELLES PAMELA AZEMIA PAMELA AZEMIA Plaintiff Plaintiff Versus Versus WORLD ELECTRONICS (PTY) LTD WORLD ELECTRONICS (PTY) LTD (Rep. by Dorothy Jabber) (Rep. by Dorothy Jabber) Defendant Defendant 2008 Mr. Derjacques for the plaintiff Mr. Derjacques for the plaintiff JUDGMENT JUDGMENT Renaud, J. Renaud, J. Civil Side No: Civil Side No: 215 of 215 of The Plaintiff entered a plaint on 6thth The Plaintiff entered a plaint on 6 Sr.179,774.79 from the Defendant.    The Defendant was duly Sr.179,774.79 from the Defendant.    The Defendant was duly August, 2008 claiming August, 2008 claiming served on 4thth served on 4 2008 at 9 a.m.    The Defendant failed to put up appearance and 2008 at 9 a.m.    The Defendant failed to put up appearance and September, 2008 to attend Court on 21stst September, 2008 to attend Court on 21 October, October, was not represented by Counsel.    Upon the application of the was not represented by Counsel.    Upon the application of the Plaintiff the Court granted leave for the matter to be heard ex- Plaintiff the Court granted leave for the matter to be heard ex- parte on 17thth parte on 17 to undergo an emergency medical treatment abroad, the matter to undergo an emergency medical treatment abroad, the matter November, 2008 at 1:45 p.m.    The Plaintiff having November, 2008 at 1:45 p.m.    The Plaintiff having was adjourned to 30thth was adjourned to 30 was duly notified of the new hearing date yet she again failed to was duly notified of the new hearing date yet she again failed to January, 2009 at 9 a.m.    The Defendant January, 2009 at 9 a.m.    The Defendant attend court and the matter was duly heard. attend court and the matter was duly heard. The Plaintiff Pamela Azemia was represented by her son Roger The Plaintiff Pamela Azemia was represented by her son Roger Faure duly appointed by a general power of attorney. Faure duly appointed by a general power of attorney. The Plaintiff is an inhabitant of La Misere, Mahe and the The Plaintiff is an inhabitant of La Misere, Mahe and the Defendant is a locally registered Company operating in Victoria, Defendant is a locally registered Company operating in Victoria, Mahe.    By an agreement in writing, namely an acknowledgement Mahe.    By an agreement in writing, namely an acknowledgement of debt, dated 30th th of debt, dated 30 September, 2004, (Exhibit P2) the Defendant September, 2004, (Exhibit P2) the Defendant borrowed from the Plaintiff who lent to the Defendant the sum of borrowed from the Plaintiff who lent to the Defendant the sum of Sr.116,200.00.    The said debt accumulated interest at the rate of Sr.116,200.00.    The said debt accumulated interest at the rate of 10% per annum. 10% per annum. It was an express term of the said agreement that the Defendant It was an express term of the said agreement that the Defendant would repay the said debt in two installments of Sr.58,100 as of would repay the said debt in two installments of Sr.58,100 as of October, 2004 and 10thth October, 2004 and 10 the 29thth the 29 agreed that should the defendant default an installment, the agreed that should the defendant default an installment, the November, 2004.    It was further November, 2004.    It was further entire sum would be due and payable. entire sum would be due and payable. In breach of the said agreement, the Defendant failed to pay the In breach of the said agreement, the Defendant failed to pay the Plaintiff as agreed.    The Defendant stopped payment by its Bank, Plaintiff as agreed.    The Defendant stopped payment by its Bank, on two cheques issued to the Plaintiff by the Defendant (Exhibit on two cheques issued to the Plaintiff by the Defendant (Exhibit P3 and P4). P3 and P4). The Defendant is now claiming as follows: The Defendant is now claiming as follows: a)a) DebtDebt Sr.116,200.00 Sr.116,200.00 Interest from October 2004 to Interest from October 2004 to July 2008 at 1)% per annum July 2008 at 1)% per annum Sr.43,574.97 Sr.43,574.97 Moral damages for anguish, anxiety b)b) Moral damages for anguish, anxiety depression depression Total Total Sr.20,000.00 Sr.20,000.00 Sr.179,774.97 Sr.179,774.97 Despite repeated verbal requests and a written request, the Despite repeated verbal requests and a written request, the Defendant has neglected or refused payment to the Plaintiff. Defendant has neglected or refused payment to the Plaintiff. On the basis of oral and documentary evidences adduced before On the basis of oral and documentary evidences adduced before me, I am satisfied on a balance of probabilities that the Plaintiff me, I am satisfied on a balance of probabilities that the Plaintiff has proved her claim against the Defendant. has proved her claim against the Defendant. I accordingly enter judgment in favour of the Plaintiff as against I accordingly enter judgment in favour of the Plaintiff as against the Defendant in the total sum of sr.179.774.97 with interest at the Defendant in the total sum of sr.179.774.97 with interest at 10% per annum and cost. 10% per annum and cost. B. RENAUD B. RENAUD …………………………….. …………………………… JUDGE JUDGE Dated this 13 February 2009 Dated this 13 February 2009