Delict and Tort Law

Cupidon v Rose (CA31/2018 Appeal from Magistrate Court 128/2016) [2019] SCSC 776 (17 September 2019);

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.

Labiche v FS Management Trading (CS 109/2018) [2019] SCSC 529 (24 June 2019);

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

Ramkalawan v Gill (CS 111/2013) [2015] SCSC 624 (26 November 2015);

[1]             By Plaint dated 2nd December 2013 and lodged with the Registrar of the Supreme Court on 12th December 2013 it was averred by the Plaintiff that the blog site known as Seychelles Reality [hereinafter referred to as “the blog”] is printed and circulated by the Defendant. He further averred that two statements dated 17th October 2013[timed at 06.27 and 0857]  and 18th October 2013 [timed at 5.12]  appearing in the blog referred to him.

Du Toit v European Hotels Resort Ltd (CS 97/2012) [2019] SCSC 379 (17 May 2019);

ANDRE J

            Introduction

[1]        This Ruling arises out of a Plaint of the 20th June 2012 as filed on the 5th July 2012, wherein Timothy Du Toit (“Plaintiff”), prays for damages in the sum of Seychelles Rupees Five Hundred and Fifty Thousand (S.R. 550,000/-), with costs and interests, as against the European Hotels & Resorts Ltd (“Defendant”).

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