Green v Benoiton (CS 140/2021) [2023] SCSC 587 (3 August 2023)
The defendant admitted the vessel was in his custody when it was damaged and sunk, and failed to rebut the presumption of liability. The court found the defendant's negligence caused the loss. The plaintiff proved the value of the engines and other items lost, but failed to prove loss of income and payments to subcontracted boat owners. Damages were awarded for proven losses only.
- Citation
- [2023] SCSC 587
- Parties
- Plaintiff: Darell Green; Defendant: Sonny Benoiton
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 3 August 2023
- Case Number
- CS 140/2021
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiff's claim partially allowed
- Legal Topics
- Breach of Contract for Service, Negligence, Custody and Control of Goods, Damages Assessment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Darell Green
Plaintiff
Sonny Benoiton
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Liability for damages caused to vessel while in defendant's custody
- 2 Quantum of damages recoverable
Ratio Decidendi
The defendant admitted the vessel was in his custody when it was damaged and sunk, and failed to rebut the presumption of liability. The court found the defendant's negligence caused the loss. The plaintiff proved the value of the engines and other items lost, but failed to prove loss of income and payments to subcontracted boat owners. Damages were awarded for proven losses only.
Court Disposition
Plaintiff's claim partially allowed
Orders
- Defendant to pay SR399,000.00 as damages to the plaintiff
- Plaintiff awarded costs of the proceedings
Full Case Text
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