Gappy v Barallon (CS 204/2004) [2008] SCSC 120 (26 November 2008)

Gappy v Barallon (CS 204/2004) [2008] SCSC 120 (26 November 2008)

The court found the plaintiff's version, corroborated by a credible witness, more credible than the defendant's denial. The defendant uttered slanderous and malicious words, injuring the plaintiff's reputation. The plaintiff is entitled to damages, though not substantial, as the slander imputed a criminal offence but the damage was not severe.

Citation
[2008] SCSC 120
Parties
Plaintiff: Gappy; Defendant: Barallon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 November 2008
Case Number
CS 204/2004
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Defamation, Slander, Damages
Source Language
English
Tort Defamation Slander Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Gappy

Plaintiff

Barallon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant uttered slanderous words against the plaintiff
  2. 2 Whether the words amounted to slander under the law
  3. 3 Whether the plaintiff is entitled to damages

Ratio Decidendi

The court found the plaintiff's version, corroborated by a credible witness, more credible than the defendant's denial. The defendant uttered slanderous and malicious words, injuring the plaintiff's reputation. The plaintiff is entitled to damages, though not substantial, as the slander imputed a criminal offence but the damage was not severe.

Court Disposition

judgment for the plaintiff

Orders

  • Defendant to pay plaintiff R 8,000 with interest and costs on the Magistrates Court scale