Bibi & Ors v Stravens (CS 50/2019) [2020] SCSC 527 (26 June 2020)

Bibi & Ors v Stravens (CS 50/2019) [2020] SCSC 527 (26 June 2020)

The plaintiffs' claim is time-barred as the cause of action arose at the time of the accident in April 2013, and the purported admission by the defendant during the criminal trial does not constitute an acknowledgment sufficient to interrupt prescription under Article 2248 of the Civil Code. The interruption of prescription invoked by the plaintiffs is untenable.

Citation
[2020] SCSC 527
Parties
Plaintiffs: Georges Bibi and Others; Defendant: Terrence Stravens
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 June 2020
Case Number
CS 50/2019
Procedural Posture
Civil / Ruling on Plea in Limine Litis (preliminary Objection)
Outcome
Plaint dismissed as time-barred.
Legal Topics
Prescription, Limitation of Actions, Damages, Interruption of Prescription
Source Language
English
Civil Procedure Tort Prescription Limitation of Actions Damages Interruption of Prescription

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Parties

Georges Bibi and Others

Plaintiffs

Terrence Stravens

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis (preliminary Objection)

Legal Issues

  1. 1 Whether the plaintiffs' claim for damages is time-barred under Article 2271 of the Civil Code
  2. 2 Whether the defendant's admission interrupted the prescription period under Article 2248 of the Civil Code

Ratio Decidendi

The plaintiffs' claim is time-barred as the cause of action arose at the time of the accident in April 2013, and the purported admission by the defendant during the criminal trial does not constitute an acknowledgment sufficient to interrupt prescription under Article 2248 of the Civil Code. The interruption of prescription invoked by the plaintiffs is untenable.

Court Disposition

Plaint dismissed as time-barred.

Orders

  • Plaint is dismissed as time-barred under Article 2271 of the Civil Code.
  • Each party to bear their own costs.