Pool v Loizeau & Anor (CS 312/1998) [1999] SCSC 11 (21 October 1999)

Pool v Loizeau & Anor (CS 312/1998) [1999] SCSC 11 (21 October 1999)

The evidence established on a balance of probabilities that both defendants uttered defamatory words imputing theft to the plaintiff, and their defence that they were repeating another's allegation was not pleaded and thus inadmissible. The words were defamatory and publication was proved to persons present.

Citation
[1999] SCSC 11
Parties
Plaintiff: Pool; Defendant: Loizeau; Defendant: Elisa Fred
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 October 1999
Case Number
CS 312/1998
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Defamation, Damages, Pleadings
Source Language
English
Tort Defamation Damages Pleadings

Case Brief

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Parties

Pool

Plaintiff

Loizeau

Defendant

Elisa Fred

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants uttered defamatory words concerning the plaintiff
  2. 2 Whether the words were defamatory in law
  3. 3 Quantum of damages

Ratio Decidendi

The evidence established on a balance of probabilities that both defendants uttered defamatory words imputing theft to the plaintiff, and their defence that they were repeating another's allegation was not pleaded and thus inadmissible. The words were defamatory and publication was proved to persons present.

Court Disposition

judgment for plaintiff

Orders

  • Judgment entered in favour of the plaintiff against both defendants for the sum of R12,500 with costs.