Finesse v Atalla & Anor (CS 358/1999) [2001] SCSC 25 (8 November 2001)

Finesse v Atalla & Anor (CS 358/1999) [2001] SCSC 25 (8 November 2001)

The plea in limine litis regarding prescription under the Public Officers Protection Act should be considered at the end of the hearing after evidence is adduced as liability depends on whether the first defendant acted outside the scope of his official duties.

Citation
[2001] SCSC 25
Parties
Plaintiff: Finesse; First Defendant: Atalla; Second Defendant: Or
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 November 2001
Case Number
CS 358/1999
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
plea in limine litis deferred for consideration at end of hearing
Legal Topics
Negligence, Prescription, Public Officers Protection
Source Language
English
Tort Civil Procedure Public Officer Liability Negligence Prescription Public Officers Protection

Case Brief

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Parties

Finesse

Plaintiff

Atalla

First Defendant

Or

Second Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the action against the first defendant is prescribed under the Public Officers Protection Act
  2. 2 Whether the first defendant acted outside the scope of his official duties
  3. 3 Whether the second defendant is protected under the Act for assisting a Public Officer

Ratio Decidendi

The plea in limine litis regarding prescription under the Public Officers Protection Act should be considered at the end of the hearing after evidence is adduced as liability depends on whether the first defendant acted outside the scope of his official duties.

Court Disposition

plea in limine litis deferred for consideration at end of hearing