Elizabeth v Lafortune (5 of 2007) (5 of 2007) [2007] SCSC 29 (24 June 2007)

Elizabeth v Lafortune (5 of 2007) (5 of 2007) [2007] SCSC 29 (24 June 2007)

Plaintiff's uncontradicted evidence established liability and quantum of damages; only reasonable and evidenced amounts were awarded.

Citation
[2007] SCSC 29
Parties
Plaintiff: Bernard Elizabeth; Defendant: Timothy Lafortune
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 June 2007
Case Number
5 of 2007
Procedural Posture
Delictual Action / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Delict, Damages, Motor Vehicle Accident, Default Judgment
Source Language
English
Tort Law Delict Damages Motor Vehicle Accident Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Bernard Elizabeth

Plaintiff

Timothy Lafortune

Defendant

Procedural Posture

Delictual Action / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the defendant is liable for damages caused to the plaintiff's motor vehicle
  2. 2 Quantum of damages recoverable by the plaintiff

Ratio Decidendi

Plaintiff's uncontradicted evidence established liability and quantum of damages; only reasonable and evidenced amounts were awarded.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded Rs.66,120 together with interest and costs