SOS Guard Ltd (‘SOS Guard’) failed to provide adequate security services to the National Housing Development Company (‘NHDC’) Ltd in Mahebourg where several thefts occurred. It has been ordered to pay more than Rs 2 million as damages to the NHDC.
The judgment was pronounced on Wednesday 23 June by Judge Denis Mootoo. SOS Guard had been awarded the contract in 2004 and one of the clauses of the contract was that it would assume responsibility for any theft or other damage caused to the NHDC in Mahebourg.
During the trial, the NHDC management claimed that electrical wires and doors had been stolen.
However, in a letter to the SOS Guard, the NHDC requested a replacement of the various items stolen. In its response to the NHDC, SOS Guard explained that the lack of fencing and electricity in the compound prevented it from providing adequate security and that it was therefore unable to replace the stolen items.
The judge disagreed with this argument and emphasised on the clause in the contract which stated that SOS Guard has the responsibility of replacing any damaged or stolen objects from the premises. He also stated that there was no obligation for NHDC to ensure the lighting and fencing around the said premises.
The Court ordered SOS Guard to pay more than Rs 2 million to the NHDC of Mahebourg as damages.
