Constance & Ors v Alcindor (CS 64/2013) [2017] SCSC 895 (6 July 2017)

Constance & Ors v Alcindor (CS 64/2013) [2017] SCSC 895 (6 July 2017)

The defendant was solely to blame for the accident and is liable for damages arising from his acts of negligence. The plaintiffs are entitled to moral damages for the loss of their daughter and sister, and material damages for funeral and allied expenses.

Citation
[2017] SCSC 895
Parties
Plaintiff: Gelase Constance; Plaintiff: Fleurette Constance; Plaintiff: Elfa Constance; Plaintiff: Nelson Constance; Plaintiff: Lionel Constance; Defendant: Walter Alcindor
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 July 2017
Case Number
CS 64/2013
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
Negligence, Damages, Wrongful Death, Moral Damages
Source Language
English
Tort Law Negligence Damages Wrongful Death Moral Damages

Case Brief

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Parties

Gelase Constance

Plaintiff

Fleurette Constance

Plaintiff

Elfa Constance

Plaintiff

Nelson Constance

Plaintiff

Lionel Constance

Plaintiff

Walter Alcindor

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant's negligence caused the death of Lormina Constance
  2. 2 Whether the plaintiffs are entitled to damages for the death of Lormina Constance

Ratio Decidendi

The defendant was solely to blame for the accident and is liable for damages arising from his acts of negligence. The plaintiffs are entitled to moral damages for the loss of their daughter and sister, and material damages for funeral and allied expenses.

Court Disposition

Judgment for the plaintiffs

Orders

  • Defendant to pay each plaintiff SR150,000 for moral damage
  • Defendant to pay SR11,460 as material damage