Rose & Ors v Civil Construction Company Ltd (CS 72/2011) [2012] SCSC 26 (30 July 2012)

Rose & Ors v Civil Construction Company Ltd (CS 72/2011) [2012] SCSC 26 (30 July 2012)

The plaintiffs failed to prove on a balance of probabilities that the defendant's quarry operations caused the cracks, dust, or health issues complained of. There was insufficient evidence of causation and quantum of damages. Most claims were unproven or unsupported by evidence.

Citation
[2012] SCSC 26
Parties
Plaintiff: Francis James Rose; Plaintiff: Margaret Rose; Plaintiff: Dean Rose; Plaintiff: Stacey Rose; Plaintiff: Dominick Rose; Defendant: Civil Construction Company Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 July 2012
Case Number
CS 72/2011
Procedural Posture
Civil Suit / Judgment
Outcome
Claim dismissed with costs
Legal Topics
Nuisance, Faute, Vicarious Liability, Environmental Impact Assessment, Causation, Damages
Source Language
English
Tort Law Environmental Law Nuisance Faute Vicarious Liability Environmental Impact Assessment Causation Damages

Case Brief

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Parties

Francis James Rose

Plaintiff

Margaret Rose

Plaintiff

Dean Rose

Plaintiff

Stacey Rose

Plaintiff

Dominick Rose

Plaintiff

Civil Construction Company Ltd

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendant's quarry operations caused damage to the plaintiffs' property and health
  2. 2 Whether the defendant is liable for nuisance, dust, noise, and cracks in the plaintiffs' houses
  3. 3 Whether the plaintiffs proved causation and quantum of damages

Ratio Decidendi

The plaintiffs failed to prove on a balance of probabilities that the defendant's quarry operations caused the cracks, dust, or health issues complained of. There was insufficient evidence of causation and quantum of damages. Most claims were unproven or unsupported by evidence.

Court Disposition

Claim dismissed with costs