Meme v Dodin (150 of 2003) (150 of 2003) [2007] SCSC 26 (5 June 2007)

Meme v Dodin (150 of 2003) (150 of 2003) [2007] SCSC 26 (5 June 2007)

The defendant exceeded his right to maintain discipline by mounting a physical attack grossly out of proportion to the situation, constituting fault under Article 1382(3) of the Civil Code. The defendant is liable for damages.

Citation
[2007] SCSC 26
Parties
Plaintiff: Felix Meme; Defendant: Joachim Dodin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 June 2007
Case Number
150 of 2003
Procedural Posture
Delictual Action for Damages / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Personal Injury, Assault, Damages
Source Language
English
Tort Law Personal Injury Assault Damages

Case Brief

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Parties

Felix Meme

Plaintiff

Joachim Dodin

Defendant

Procedural Posture

Delictual Action for Damages / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for damages for personal injuries caused to the plaintiff
  2. 2 Quantum of damages to be awarded

Ratio Decidendi

The defendant exceeded his right to maintain discipline by mounting a physical attack grossly out of proportion to the situation, constituting fault under Article 1382(3) of the Civil Code. The defendant is liable for damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay the plaintiff Rs.15,000 as moral damages including disfigurement
  • Defendant to pay interest and costs taxed on the Magistrates’ Court scale of fees and costs