Karabash v Soudhooa & Ors (CS125/2017) [2020] SCSC 436 (2 February 2020)

Karabash v Soudhooa & Ors (CS125/2017) [2020] SCSC 436 (2 February 2020)

The Plaintiff failed to prove on a balance of probabilities that a sexual assault occurred. Discrepancies in her evidence, lack of corroboration, and credibility issues undermined her claim. The evidence indicated the intercourse was more likely consensual, and thus no fault in law was established.

Citation
[2020] SCSC 436
Parties
Plaintiff: Anna Karabash; First Defendant: Ravind Soudhooa; Second Defendant: Zil Pasyon Resorts Limited; Third Defendant: Mr Francis Savy; Fourth Defendant: Mr Kishore Buxani
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 February 2020
Case Number
CS125/2017
Procedural Posture
Civil Suit / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Sexual Assault, Delict, Vicarious Liability, Damages, Consent
Source Language
English
Tort Law Civil Procedure Sexual Assault Delict Vicarious Liability Damages Consent

Case Brief

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Parties

Anna Karabash

Plaintiff

Ravind Soudhooa

First Defendant

Zil Pasyon Resorts Limited

Second Defendant

Mr Francis Savy

Third Defendant

Mr Kishore Buxani

Fourth Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the First Defendant sexually assaulted the Plaintiff on 4 May 2017
  2. 2 Whether the act constituted a fault in law
  3. 3 Whether the First Defendant was acting in the course of employment

Ratio Decidendi

The Plaintiff failed to prove on a balance of probabilities that a sexual assault occurred. Discrepancies in her evidence, lack of corroboration, and credibility issues undermined her claim. The evidence indicated the intercourse was more likely consensual, and thus no fault in law was established.

Court Disposition

Suit dismissed with costs

Orders

  • The suit is dismissed with costs.