Servina v Richmond (342 of 2004) [2006] SCSC 51 (2 July 2006)

Servina v Richmond (342 of 2004) [2006] SCSC 51 (2 July 2006)

The court found, on the uncontroverted evidence of the plaintiff, that the defendant intentionally struck the plaintiff, causing the injuries. The plaintiff proved his case on a balance of probabilities and is entitled to damages for pain and suffering, loss of earnings, loss of amenities, moral damages, and medical expenses.

Citation
[2006] SCSC 51
Parties
Plaintiff: Christopher Servina; Defendant: Yacintha Una Richmond
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 July 2006
Case Number
342 of 2004
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Assault, Damages, Liability, Evidence
Source Language
English
Tort Personal Injury Assault Damages Liability Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Servina

Plaintiff

Yacintha Una Richmond

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant assaulted the plaintiff and caused the injuries claimed
  2. 2 Whether the plaintiff is entitled to damages and under what heads

Ratio Decidendi

The court found, on the uncontroverted evidence of the plaintiff, that the defendant intentionally struck the plaintiff, causing the injuries. The plaintiff proved his case on a balance of probabilities and is entitled to damages for pain and suffering, loss of earnings, loss of amenities, moral damages, and medical expenses.

Court Disposition

judgment for the plaintiff

Orders

  • Defendant to pay the plaintiff Sr. 18,700 with interest and costs