Afif v Savy (SCA 56/2019 (Appeal from CS 99/2015)) [2022] SCCA 16 (29 April 2022);
Defamation-defence of truth and fair comment
IN THE COURT OF APPEAL OF SEYCHELLES
Defamation-defence of truth and fair comment
IN THE COURT OF APPEAL OF SEYCHELLES
Dr. L. Tibatemwa-Ekirikubinza: Tort-Fault. Burden of Proof- where in a civil dispute the court analyses evidence adduced by both sides and concludes that the probabilities are equal, the plaintiff will have failed to discharge their burden of proof.
Fernando, President and Robinson JA: Judgment and orders of the Supreme Court are quashed. No order as to costs
IN THE COURT OF APPEAL OF SEYCHELLES
Right of way; Trespass; threatening violence; erecting barriers; obstructing entry; Article 1382 (3); damages due; permanent injuction
Defamation
PILLAY J
Delict - road traffic accident - foot injury - quantum of damages
TWOMEY CJ
Delictual action; plaint dismissed; failure to discharge burden of proof
Delict : prescription : damages for loss of life as a result of motor vehicle accident : interuption of prescription : extra judicial admission did not interupt prescription.
ANDRE J
Introduction
Faute : failure to transfer funds on time, the responsibility of the SWIFT payment system as intermediary : obligation of transmitting bank.
GOVINDEN J
The Pleadings
VIDOT J
Background
TWOMEY CJ
Background