Confait & Anor V Port-Louise and Anor (SCA 66 of 2018) [2021] SCCA 39 (13 August 2021)

Confait & Anor V Port-Louise and Anor (SCA 66 of 2018) [2021] SCCA 39 (13 August 2021)

The appeal was dismissed because the appellants failed to demonstrate that the trial Judge acted on a wrong principle or that the damages awarded were manifestly excessive or unsupported by evidence. The trial Judge's findings on damages were based on credible oral and expert evidence, and there was no justification for appellate interference.

Citation
[2021] SCCA 39
Parties
1st Appellant: Flossy Rita Confait; 2nd Appellant: Barney Confait; 1st Respondent: Agnette Port-Louis; 2nd Respondent: Jacquelin Port-Louis
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
13 August 2021
Case Number
SCA 66 of 2018
Procedural Posture
Civil Appeal (delictual Liability/damages) / Appeal Judgment
Outcome
Appeal dismissed with costs to the respondents.
Legal Topics
Delictual Liability, Damages, Pleadings, Appellate Review
Source Language
English
Tort Law Civil Procedure Delictual Liability Damages Pleadings Appellate Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Flossy Rita Confait

1st Appellant

Barney Confait

2nd Appellant

Agnette Port-Louis

1st Respondent

Jacquelin Port-Louis

2nd Respondent

Procedural Posture

Civil Appeal (delictual Liability/damages) / Appeal Judgment

Legal Issues

  1. 1 Whether the award of damages was manifestly harsh and excessive
  2. 2 Whether the respondents proved their claim for damages
  3. 3 Whether the trial court erred in law or principle in awarding damages

Ratio Decidendi

The appeal was dismissed because the appellants failed to demonstrate that the trial Judge acted on a wrong principle or that the damages awarded were manifestly excessive or unsupported by evidence. The trial Judge's findings on damages were based on credible oral and expert evidence, and there was no justification for appellate interference.

Court Disposition

Appeal dismissed with costs to the respondents.

Orders

  • Appeal dismissed
  • Costs awarded to the respondents