Nourrice vs Government of Seychelles and another (CS 38.2012) [2013] SCSC 78 (31 October 2013)

Nourrice vs Government of Seychelles and another (CS 38.2012) [2013] SCSC 78 (31 October 2013)

The defendants did not commit any error of conduct that would not have been committed by a prudent person in the circumstances; the arrest and detention were lawful, justified, and not intended to cause harm or done out of malice. No fault was established under Article 1382(2) & (3) of the Civil Code of Seychelles.

Citation
[2013] SCSC 78
Parties
Plaintiff: Jill Nourrice; First Defendant: The Government of Seychelles; Second Defendant: The Commissioner of Police
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 October 2013
Case Number
CS 38.2012
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed
Legal Topics
Vicarious Liability, Unlawful Arrest, Detention, Damages, Police Powers
Source Language
English
Tort Law Civil Procedure Vicarious Liability Unlawful Arrest Detention Damages Police Powers

Case Brief

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Parties

Jill Nourrice

Plaintiff

The Government of Seychelles

First Defendant

The Commissioner of Police

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the police committed a fault in law in arresting and detaining the plaintiff
  2. 2 Whether the plaintiff suffered loss or damage as a result of the arrest and detention

Ratio Decidendi

The defendants did not commit any error of conduct that would not have been committed by a prudent person in the circumstances; the arrest and detention were lawful, justified, and not intended to cause harm or done out of malice. No fault was established under Article 1382(2) & (3) of the Civil Code of Seychelles.

Court Disposition

Suit dismissed