Sauzier v Bibi & Anor (CS 103/2020) [2021] SCSC 1031 (26 October 2021)

Sauzier v Bibi & Anor (CS 103/2020) [2021] SCSC 1031 (26 October 2021)

The Plaintiff failed to establish, on the balance of probabilities, that the Defendants committed a faute or caused her moral damage; evidence did not support allegations of aggression or moral harm, and filming/posting the incident did not constitute a faute.

Citation
[2021] SCSC 1031
Parties
Plaintiff: Denise Sauzier; 1st Defendant: Raneel Bibi; 2nd Defendant: Audry Marimba
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 October 2021
Case Number
CS 103/2020
Procedural Posture
Delictual Action / Judgment
Outcome
Plaint dismissed
Legal Topics
Faute, Moral Damages, Police Conduct, Social Media Liability
Source Language
English
Tort Law Faute Moral Damages Police Conduct Social Media Liability

Case Brief

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Parties

Denise Sauzier

Plaintiff

Raneel Bibi

1st Defendant

Audry Marimba

2nd Defendant

Procedural Posture

Delictual Action / Judgment

Legal Issues

  1. 1 Whether the actions of the Defendants constituted a faute under Article 1382 of the Civil Code of Seychelles
  2. 2 Whether the Plaintiff suffered moral damages as a result of the Defendants' actions
  3. 3 Whether filming and posting the incident on social media constitutes a faute

Ratio Decidendi

The Plaintiff failed to establish, on the balance of probabilities, that the Defendants committed a faute or caused her moral damage; evidence did not support allegations of aggression or moral harm, and filming/posting the incident did not constitute a faute.

Court Disposition

Plaint dismissed

Orders

  • No award as to cost