Dodin v Barbier & Ors (CS 222/2005) [2007] SCSC 36 (28 September 2007)

Dodin v Barbier & Ors (CS 222/2005) [2007] SCSC 36 (28 September 2007)

The plaintiff was entitled to damages for the gunshot injury and for 4 days of illegal detention post-hospitalization, but not for the period spent in hospital under police guard, as that was for medical treatment. The quantum of damages was determined based on comparable precedents and the facts of the case.

Citation
[2007] SCSC 36
Parties
Plaintiff: Davis Dodin; Defendant: Mickey Barbier; Defendant: Pierre Adelaide; Defendant: Government of Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 September 2007
Case Number
CS 222/2005
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Personal Injury, Unlawful Detention, Damages, Vicarious Liability
Source Language
English
Tort Law Constitutional Law Personal Injury Unlawful Detention Damages Vicarious Liability

Case Brief

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Parties

Davis Dodin

Plaintiff

Mickey Barbier

Defendant

Pierre Adelaide

Defendant

Government of Seychelles

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for personal injuries caused by police shooting
  2. 2 Whether the plaintiff's detention was unlawful and compensable

Ratio Decidendi

The plaintiff was entitled to damages for the gunshot injury and for 4 days of illegal detention post-hospitalization, but not for the period spent in hospital under police guard, as that was for medical treatment. The quantum of damages was determined based on comparable precedents and the facts of the case.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded total sum of Rs.50,000 for pain, suffering, and illegal detention
  • Interest and costs awarded to the plaintiff