Kilindo v Morel & Anor (CS 122/1999) [2000] SCSC 7 (30 June 2000)

Kilindo v Morel & Anor (CS 122/1999) [2000] SCSC 7 (30 June 2000)

The plaintiff suffered significant injuries resulting in a 40% permanent disability of her left leg, but her claim for damages was found to be grossly exaggerated. The court awarded damages based on reasonable, compensatory principles and relevant precedents, totaling R162,200 with interest and costs.

Citation
[2000] SCSC 7
Parties
Plaintiff: Kilindo; Defendant: Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 June 2000
Case Number
CS 122/1999
Procedural Posture
Civil / Judgment at First Instance
Outcome
judgment for the plaintiff, damages awarded
Legal Topics
Quantum of Damages, Assessment of Damages, Permanent Disability, Pain and Suffering
Source Language
English
Tort Law Personal Injury Quantum of Damages Assessment of Damages Permanent Disability Pain and Suffering

Case Brief

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Parties

Kilindo

Plaintiff

Morel

Defendant

Procedural Posture

Civil / Judgment at First Instance

Legal Issues

  1. 1 What is the appropriate quantum of damages payable to the plaintiff for personal injuries sustained in a motor traffic accident?

Ratio Decidendi

The plaintiff suffered significant injuries resulting in a 40% permanent disability of her left leg, but her claim for damages was found to be grossly exaggerated. The court awarded damages based on reasonable, compensatory principles and relevant precedents, totaling R162,200 with interest and costs.

Court Disposition

judgment for the plaintiff, damages awarded

Orders

  • Defendants to pay the plaintiff R162,200 jointly and severally with interest at 4% per annum from the date of plaint and with costs.