Servina v Jupiter (SCA 18 of 1994) [1995] SCCA 5 (8 November 1995)

Servina v Jupiter (SCA 18 of 1994) [1995] SCCA 5 (8 November 1995)

The trial court erred in making separate awards against each appellant for a joint tort; a single award of R10,000 is appropriate for the injuries suffered.

Source-derived case information.

Citation
[1995] SCCA 5
Parties
Appellant: Brigitte Servina; Appellant: Justin Servina; Respondent: Rita Jupiter
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
8 November 1995
Case Number
SCA 18 of 1994
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Assault, Damages, Joint Tortfeasors, Quantum of Damages
Source Language
english
Tort Law Assault Damages Joint Tortfeasors Quantum of Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brigitte Servina

Appellant

Justin Servina

Appellant

Rita Jupiter

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the damages awarded by the trial court were manifestly excessive for the injuries suffered by the respondent
  2. 2 Whether separate awards should have been made against each appellant for a joint tort

Ratio Decidendi

The trial court erred in making separate awards against each appellant for a joint tort; a single award of R10,000 is appropriate for the injuries suffered.

Court Disposition

appeal allowed in part

Orders

  • Judgment for the respondent against the appellants jointly and severally in the sum of R10,000 with interest.
  • Costs of the trial to the respondent; costs of the appeal to the appellants.