O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 8 of 2019) [2021] SCCA 35 (13 August 2021)
The evidence adduced at trial was sufficient to prove, on a balance of probabilities, that the appellants' actions constituted nuisance causing loss, pain, and suffering to the respondents. The appellants' lack of awareness of the damage is not a defence. The appeal was limited to liability, and the court could not entertain arguments on quantum of damages as they were not pleaded. The appeal was dismissed and the Supreme Court's judgment and orders upheld.
- Citation
- [2021] SCCA 35
- Parties
- 1st Appellant: O’Nivo Construction (Pty) Limited; 2nd Appellant: Jin Hua Zhou; 1st Respondent: Jacqueline Bijoux; 2nd Respondent: Robert Cicobo
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Judgment Date
- 13 August 2021
- Case Number
- SCA 8 of 2019
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Nuisance, Liability for Nuisance, Damages, Civil Procedure, Pleadings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
O’Nivo Construction (Pty) Limited
1st Appellant
Jin Hua Zhou
2nd Appellant
Jacqueline Bijoux
1st Respondent
Robert Cicobo
2nd Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellants caused actionable nuisance by noise, dust, water, and smell to the respondents' property
- 2 Whether the trial judge erred in finding nuisance proved on a balance of probabilities
- 3 Whether damages awarded were excessive and should be reduced
Ratio Decidendi
The evidence adduced at trial was sufficient to prove, on a balance of probabilities, that the appellants' actions constituted nuisance causing loss, pain, and suffering to the respondents. The appellants' lack of awareness of the damage is not a defence. The appeal was limited to liability, and the court could not entertain arguments on quantum of damages as they were not pleaded. The appeal was dismissed and the Supreme Court's judgment and orders upheld.
Court Disposition
Appeal dismissed
Orders
- Judgment and orders of the Supreme Court upheld
- Appellants to pay respondents moral damages of SR 200,000 jointly and severally
Full Case Text
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