[2020]DLHC16236 • February 25, 2020 • High Court
ELEGANT HOMES & CONSTRUCTION LTD vs MRS. PATIENCE SENCHEREY AND PATSY’S DAY CARE CENTRE (DEFENDANTS)
JUDGMENT i. Introduction [1] The focus of this trial per the Amended Writ of Summons filed on February 15, 2018 was on the claim by Elegant Homes and Construction Limited, the Plaintiff, for payment of $325,994.72 being the total amount outstanding for contracts executed with the Defendants, Mrs. Patience Senchery and Patsy’s Day Care Centre (of which the 1st Defendant is the Managing Director) together with interest as agreed upon by the parties. Principally, the Plaintiff accuses the Defendants of breach of contract. [2] The main issues set down for the determination by the Court for trial were: (i) Whether the total contract sum was $397,027.40; (ii) Whether as at 31st October 2017, the amount outstanding to be paid to the Plaintiff by the Defendants was $325,994.72; and (iii) Any other issues arising from the pleadings. ii. The Action [3] Per the Amended Amended Writ of Summons sealed in this Registry on 15th day of February, 2018 the Plaintiff clai.....