Pierre and Others v Jeanne and Others (46 of 2002) [2005] SCSC 17 (6 November 2005)

Pierre and Others v Jeanne and Others (46 of 2002) [2005] SCSC 17 (6 November 2005)

The first, second, and third defendants unlawfully assaulted the plaintiffs, causing physical and psychological injuries. The fourth defendant is vicariously liable for the acts of its employees. Plaintiffs are entitled to compensation, but the quantum claimed is excessive and is reduced to amounts commensurate with the injuries sustained.

Citation
[2005] SCSC 17
Parties
Plaintiff: Emmanuel Pierre; Plaintiff: Marie-Annette Pierre; Plaintiff: Aubrey Pierre; Plaintiff: Calvin Pierre; Defendant: Rodney Jeanne; Defendant: Mervyn Dufrenne; Defendant: Danny Marie; Defendant: The Attorney General representing the Government of Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 November 2005
Case Number
46 of 2002
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Assault, Battery, Vicarious Liability, Damages
Source Language
English
Tort Law Employment Law Assault Battery Vicarious Liability Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Emmanuel Pierre

Plaintiff

Marie-Annette Pierre

Plaintiff

Aubrey Pierre

Plaintiff

Calvin Pierre

Plaintiff

Rodney Jeanne

Defendant

Mervyn Dufrenne

Defendant

Danny Marie

Defendant

The Attorney General representing the Government of Seychelles

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants unlawfully assaulted the plaintiffs
  2. 2 Whether the Government is vicariously liable for the acts of its employees
  3. 3 Quantum of damages payable

Ratio Decidendi

The first, second, and third defendants unlawfully assaulted the plaintiffs, causing physical and psychological injuries. The fourth defendant is vicariously liable for the acts of its employees. Plaintiffs are entitled to compensation, but the quantum claimed is excessive and is reduced to amounts commensurate with the injuries sustained.

Court Disposition

judgment for the plaintiffs

Orders

  • Defendants to pay plaintiffs jointly and severally Rs75,000.00 in total as compensation for injuries, pain, suffering, humiliation, and distress.
  • Interest at 4% per annum from the date of plaint.