Blencowe M.C. (Appellant) v ACMS Ltd (Respondent)
2021 SCJ 26
Record No. 1580 – 6B/24/19
Summary of Facts
The Appellant, was employed as an international financial consultant by the Respondent which is a management company.
The Respondent had guaranteed to pay to one of its clients (Mrs Fallot), the return of her investment plus interests in the tune of USD 73,639.33. (the “Guarantee”)
In view of his involvement in the transaction, the Appellant had given a written undertaking to the Respondent that he would contribute two thirds of the total amount due by the Respondent as a result of the Guarantee but failed to make the said contribution when the Respondent paid the sum of MUR 1,321,973 to Mrs Fallot.
Issue
The Appellant contended inter alia that the undertaking was null and void for having been signed duress.
Decision
The learned judge found on the facts that the Appellant failed to establish that he had signed the undertaking under duress and ordered the Appellant to pay to the Respondent the sum of MUR 881, 315 with costs and interests. The Appellant appealed against the said judgment.
The Appeal was dismissed and the Court stated that they found no reason to interfere with the learned Judge’s decision to reject the Appellant’s allegation of duress in the light of the evidence fully justified.
Attorney for Respondent
Josephine Robert
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