Rose v Saldana (349 of 2007) [2009] SCSC 46 (31 August 2009)

Rose v Saldana (349 of 2007) [2009] SCSC 46 (31 August 2009)

The defendant unlawfully uttered offensive remarks against the plaintiff, constituting a legal fault under Article 1382 of the Civil Code. The plaintiff suffered moral damage as a result, but the quantum claimed was excessive; a reasonable sum of Rs 10,000 is awarded.

Citation
[2009] SCSC 46
Parties
Plaintiff: Jeffrey Rose; Defendant: Christopher Saldana
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 August 2009
Case Number
349 of 2007
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Defamation, Moral Damages, Injunction, Fault Liability
Source Language
English
Tort Law Defamation Moral Damages Injunction Fault Liability

Case Brief

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Parties

Jeffrey Rose

Plaintiff

Christopher Saldana

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant uttered insulting and offensive remarks against the plaintiff constituting a legal fault
  2. 2 Whether the plaintiff suffered moral damage as a result of the defendant's conduct
  3. 3 Quantum of damages to be awarded

Ratio Decidendi

The defendant unlawfully uttered offensive remarks against the plaintiff, constituting a legal fault under Article 1382 of the Civil Code. The plaintiff suffered moral damage as a result, but the quantum claimed was excessive; a reasonable sum of Rs 10,000 is awarded.

Court Disposition

judgment for the plaintiff

Orders

  • Permanent injunction restraining the defendant from entering plaintiff’s home and issuing threats
  • Defendant to pay Rs 10,000 to the plaintiff as damages plus costs