Marengo & Ors v Anderson (CA 29/2013) [2016] SCSC 44 (28 January 2016)
The appeal is dismissed because the Magistrate properly admitted the evidence, correctly appreciated the facts and law, and the respondent proved his case on a balance of probabilities under the relevant provisions of the Civil Code.
- Citation
- [2016] SCSC 44
- Parties
- Appellant: John Marengo; Appellant: Rose Marie Marengo; Appellant: Andre Marengo; Respondent: Fred C. Anderson
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 28 January 2016
- Case Number
- CA 29/2013
- Procedural Posture
- Civil Appeal / Appeal From Magistrates Court to Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Faute, Negligence, Damages, Admissibility of Evidence, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
John Marengo
Appellant
Rose Marie Marengo
Appellant
Andre Marengo
Appellant
Fred C. Anderson
Respondent
Procedural Posture
Civil Appeal / Appeal From Magistrates Court to Supreme Court
Legal Issues
- 1 Whether the Magistrate erred in admitting certain receipts as evidence
- 2 Whether the Magistrate erred in appreciating the evidence regarding contamination and causation
- 3 Whether the appellants were liable for damages caused by contaminated fuel
Ratio Decidendi
The appeal is dismissed because the Magistrate properly admitted the evidence, correctly appreciated the facts and law, and the respondent proved his case on a balance of probabilities under the relevant provisions of the Civil Code.
Court Disposition
appeal dismissed
Orders
- decision of Magistrate upheld
- costs awarded against appellants
Full Case Text
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