Marie v Attorney-General (CS 424/1998) [2001] SCSC 26 (12 November 2001)

Marie v Attorney-General (CS 424/1998) [2001] SCSC 26 (12 November 2001)

The plaintiff was unlawfully arrested and detained for about one hour without lawful justification or being informed of constitutional rights, entitling him to compensation under Article 18(10) of the Constitution.

Citation
[2001] SCSC 26
Parties
Plaintiff: Marie; Defendant: Attorney-General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 November 2001
Case Number
CS 424/1998
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Unlawful Arrest, Unlawful Detention, Compensation for Constitutional Rights Violation
Source Language
English
Constitutional Law Tort Law Unlawful Arrest Unlawful Detention Compensation for Constitutional Rights Violation

Case Brief

Summary, issues, holding and outcome

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Parties

Marie

Plaintiff

Attorney-General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff's arrest and detention were unlawful
  2. 2 Whether the plaintiff is entitled to compensation for unlawful arrest and detention

Ratio Decidendi

The plaintiff was unlawfully arrested and detained for about one hour without lawful justification or being informed of constitutional rights, entitling him to compensation under Article 18(10) of the Constitution.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff awarded R15,000 with interest and costs