Fanchette vs Attorney General (CS 155.2012) [2014] SCSC 63 (19 February 2014)

Fanchette vs Attorney General (CS 155.2012) [2014] SCSC 63 (19 February 2014)

The plaint does not disclose any cause of action against the Government, and the Family Tribunal and its members are immune from liability for acts done in good faith under the Children Act. The Government cannot be held vicariously liable for judicial acts, and the Attorney General cannot be sued in this context....

Source-derived case information.

Citation
[2014] SCSC 63
Parties
Plaintiff: Berard Fanchette; Defendant: The Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 February 2014
Case Number
CS 155.2012
Procedural Posture
Civil / Ruling on Preliminary Objection (plea in Limine Litis)
Outcome
Suit dismissed on preliminary objection (plea in limine litis)
Legal Topics
Delict, Vicarious Liability, Judicial Immunity, Government Liability, Children Act, Separation of Powers
Source Language
english
Tort Law Constitutional Law Judicial Immunity Delict Vicarious Liability Government Liability Children Act Separation of Powers

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Berard Fanchette

Plaintiff

The Attorney General

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection (plea in Limine Litis)

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the Government of Seychelles
  2. 2 Whether members of the Family Tribunal and the Attorney General are immune from liability under the Children Act and Constitution
  3. 3 Whether the Government can be held vicariously liable for acts of the Family Tribunal

Ratio Decidendi

The plaint does not disclose any cause of action against the Government, and the Family Tribunal and its members are immune from liability for acts done in good faith under the Children Act. The Government cannot be held vicariously liable for judicial acts, and the Attorney General cannot be sued in this context. The suit is not maintainable and is dismissed.

Court Disposition

Suit dismissed on preliminary objection (plea in limine litis)