Dewea & Anor v Roucou Construction (Pty) (CS 17/1999) [2003] SCSC 10 (27 March 2003)
The Defendant company is liable for the trespass and damage caused to the Plaintiffs' land by the acts of its sub-contractor and operator, as the work was performed under the Defendant's instructions and within the scope of employment, and the Defendant cannot evade liability by treating the sub-contractor as independent.
- Citation
- [2003] SCSC 10
- Parties
- Plaintiff: Dewea & Or; Defendant: Roucou Construction (Pty)
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 27 March 2003
- Case Number
- CS 17/1999
- Procedural Posture
- Delictual Action (civil) / Judgment at First Instance
- Outcome
- Judgment for the Plaintiffs
- Legal Topics
- Trespass, Vicarious Liability, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dewea & Or
Plaintiff
Roucou Construction (Pty)
Defendant
Procedural Posture
Delictual Action (civil) / Judgment at First Instance
Legal Issues
- 1 Whether the Defendant is liable for trespass and consequential loss caused to the Plaintiffs' property by excavation works
- 2 Whether the Defendant can evade liability by claiming the work was done by an independent contractor
Ratio Decidendi
The Defendant company is liable for the trespass and damage caused to the Plaintiffs' land by the acts of its sub-contractor and operator, as the work was performed under the Defendant's instructions and within the scope of employment, and the Defendant cannot evade liability by treating the sub-contractor as independent.
Court Disposition
Judgment for the Plaintiffs
Orders
- Plaintiffs awarded R60,625 in damages, with interest and costs
Full Case Text
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