Belmont v Quatre (CS 336/2001) [2004] SCSC 30 (6 February 2004)

Belmont v Quatre (CS 336/2001) [2004] SCSC 30 (6 February 2004)

The Defendant uttered statements imputing immoral conduct to the Plaintiff in the presence of third parties, which are per se defamatory and actionable without proof of special damage. The Defendant is liable for damages.

Citation
[2004] SCSC 30
Parties
Plaintiff: Belmont; Defendant: Quatre
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 February 2004
Case Number
CS 336/2001
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Defamation, Damages, Publication, Oral Defamation
Source Language
English
Tort Defamation Damages Publication Oral Defamation

Case Brief

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Parties

Belmont

Plaintiff

Quatre

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant uttered defamatory statements about the Plaintiff
  2. 2 Whether the statements were defamatory per se
  3. 3 Whether the Plaintiff is entitled to damages

Ratio Decidendi

The Defendant uttered statements imputing immoral conduct to the Plaintiff in the presence of third parties, which are per se defamatory and actionable without proof of special damage. The Defendant is liable for damages.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff R25,000 in damages
  • Defendant to pay interest and costs