Aglae v Attorney General (278 of 2009) [2010] SCSC 94 (29 September 2010)

The plaintiff's arrest and detention were unlawful and unconstitutional as there was no justification or communication of reasons, entitling him to moral damages for the invasion of his rights.

Citation: [2010] SCSC 94
Parties: Plaintiff: Philippe Aglae; Respondent: Attorney General
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 29 September 2010
Case Number: 278 of 2009
Procedural Posture: Civil / Judgment
Outcome: judgment for the plaintiff
Legal Topics: Unlawful Arrest, Unlawful Detention, Damages, Moral Prejudice, Vicarious Liability
Source Language: English

Constitutional Law Tort Law Unlawful Arrest Unlawful Detention Damages Moral Prejudice Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Philippe Aglae

Plaintiff

Attorney General

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff's arrest and detention were unlawful and unconstitutional
2 Whether the plaintiff is entitled to damages for unlawful deprivation of liberty and moral prejudice

Ratio Decidendi

The plaintiff's arrest and detention were unlawful and unconstitutional as there was no justification or communication of reasons, entitling him to moral damages for the invasion of his rights.

Court Disposition

judgment for the plaintiff

Orders

Defendant to pay plaintiff SR 10,000 for moral damages
Defendant to pay costs of the action