Solo v Payet (CS 24/2014) [2016] SCSC 479 (8 July 2016)

Solo v Payet (CS 24/2014) [2016] SCSC 479 (8 July 2016)

The defendant's criminal conviction for grievous harm is admissible and conclusive evidence of liability in this civil case, and the defendant failed to discharge the burden of proving otherwise. The plaintiff is entitled to damages for physical injury, permanent disfigurement, pain, suffering, and moral damage, but the quantum claimed is excessive and must be reduced to a reasonable sum based on comparable awards.

Citation
[2016] SCSC 479
Parties
Plaintiff: Doris Solo; Defendant: Louciana Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 July 2016
Case Number
CS 24/2014
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim partially allowed
Legal Topics
Assault, Damages, Evidentiary Burden, Contributory Negligence
Source Language
English
Tort Law Civil Procedure Assault Damages Evidentiary Burden Contributory Negligence

Case Brief

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Parties

Doris Solo

Plaintiff

Louciana Payet

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for assault and causing injury to the plaintiff
  2. 2 Whether the criminal conviction is admissible and conclusive in the civil case
  3. 3 Quantum of damages to be awarded

Ratio Decidendi

The defendant's criminal conviction for grievous harm is admissible and conclusive evidence of liability in this civil case, and the defendant failed to discharge the burden of proving otherwise. The plaintiff is entitled to damages for physical injury, permanent disfigurement, pain, suffering, and moral damage, but the quantum claimed is excessive and must be reduced to a reasonable sum based on comparable awards.

Court Disposition

Plaintiff's claim partially allowed

Orders

  • Defendant to pay SR20,000 for physical injuries including permanent disfigurement to the finger
  • Defendant to pay SR10,000 for pain, suffering, and trespass to the person (moral damage)