Gabriel v Vidot (CS 83 of 2022) [2023] SCSC 44 (27 January 2023)

Gabriel v Vidot (CS 83 of 2022) [2023] SCSC 44 (27 January 2023)

The defendant, having failed to appear and present a defence, did not rebut the presumption of fault under Article 1383(2). The plaintiff's uncontroverted evidence established that the defendant's fault caused the accident and resulting injuries. However, the plaintiff failed to prove material and moral damages with...

Source-derived case information.

Citation
[2023] SCSC 44
Parties
Plaintiff: Joliff Gabriel; Defendant: Kenny Vidot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 January 2023
Case Number
CS 83 of 2022
Procedural Posture
Civil Suit (delict/road Traffic Accident) / Ex Parte Judgment After Defendant Failed to Appear
Outcome
Judgment for the plaintiff in part
Legal Topics
Delict, Strict Liability, Road Traffic Accident, Damages, Burden of Proof
Source Language
english
Tort Law Civil Procedure Delict Strict Liability Road Traffic Accident Damages Burden of Proof

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Parties

Joliff Gabriel

Plaintiff

Kenny Vidot

Defendant

Procedural Posture

Civil Suit (delict/road Traffic Accident) / Ex Parte Judgment After Defendant Failed to Appear

Legal Issues

  1. 1 Whether the defendant is liable in delict for injuries sustained by the plaintiff in a road traffic accident
  2. 2 Whether the plaintiff is entitled to damages for corporal, material, and moral harm

Ratio Decidendi

The defendant, having failed to appear and present a defence, did not rebut the presumption of fault under Article 1383(2). The plaintiff's uncontroverted evidence established that the defendant's fault caused the accident and resulting injuries. However, the plaintiff failed to prove material and moral damages with sufficient evidence, and only partial damages for corporal injury were awarded.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Defendant to pay plaintiff SCR 35,000 for injuries sustained
  • Interest on the awarded sum from the date of filing of the plaint