TWOMEY CJ

Background

GOVINDEN J

[1]            The pleadings

ANDRE J
Introduction

ANDRE J

            Introduction

TWOMEY CJ

Background

[1]        This is a tragic case. The First to the Sixth Plaintiffs are respectively the common law widow, son, mother, and siblings of one Alex Bristol (hereinafter the Deceased) who was electrocuted and died at Pointe Conan, Mahé on 5 November 2014.

GOVINDEN J

Introduction

[1]        This is an appeal to this court against a judgment of the Magistrate court rendered in its civil jurisdiction. The decision dated the 9th of July 2018 is in respect of an action in delict brought by the Appellant, the then Plaintiff, against the Respondent, then the Defendant. Having heard the evidence the Learned Magistrate did not gave judgment in favour or against either of the parties, as he felt that neither of the parties had proven their cases on a balance of probabilities. He dismissed the case in its entirety.

TWOMEY CJ

The Facts

[1]        The Plaintiff, a Pool Attendant and employee by a hotel resort controlled and managed by the Defendant suffered a fall and sustained injures to her ankle, legs and body. She claimed damages from the Defendant for its vicarious negligence in its performance, responsibilities and duties in respect of ensuring a safe place of work for her.

[2]        The Defendant denied liability for the accident or that it had ever been the Employer of the Plaintiff.

The Evidence

The Plaintiff’s evidence