Freminot v Ah-Kon (59 of 2003) [2006] SCSC 38 (21 November 2006)

Freminot v Ah-Kon (59 of 2003) [2006] SCSC 38 (21 November 2006)

The defendant was negligent in entering the lane without proper observation, obstructing the plaintiff's right of way, and is solely liable for the accident and resulting damages. The quantum of damages is assessed based on actual loss, pain and suffering, and comparative awards. The judgment is rectified to correct an arithmetical error in the total award.

Citation
[2006] SCSC 38
Parties
Plaintiff: Gerard Freminot; Defendant: Patrick Alvin Ah-Kon; Plaintiff: Michel Suzette
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 November 2006
Case Number
59 of 2003
Procedural Posture
Civil / Judgment and Rectification of Judgment
Outcome
Judgment for the plaintiffs; rectification of judgment to correct total award
Legal Topics
Negligence, Motor Vehicle Accident, Damages, Rectification of Judgment
Source Language
English
Tort Civil Procedure Negligence Motor Vehicle Accident Damages Rectification of Judgment

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Parties

Gerard Freminot

Plaintiff

Patrick Alvin Ah-Kon

Defendant

Michel Suzette

Plaintiff

Procedural Posture

Civil / Judgment and Rectification of Judgment

Legal Issues

  1. 1 Whether the defendant was liable for the motor vehicle accident and resulting damages
  2. 2 Quantum of damages to be awarded to the plaintiffs
  3. 3 Rectification of arithmetical error in judgment

Ratio Decidendi

The defendant was negligent in entering the lane without proper observation, obstructing the plaintiff's right of way, and is solely liable for the accident and resulting damages. The quantum of damages is assessed based on actual loss, pain and suffering, and comparative awards. The judgment is rectified to correct an arithmetical error in the total award.

Court Disposition

Judgment for the plaintiffs; rectification of judgment to correct total award

Orders

  • Defendant to pay Gerard Freminot Rs.63,000 for vehicle damage, loss of earnings, and moral damages
  • Defendant to pay Michel Suzette Rs.45,000 for pain and suffering and loss of enjoyment of life