Public Utilities Corporation v Dubignon (Civil 311 of 2021) [2023] SCSC 215 (24 March 2023)
The Appellant's acts and omissions were the sole and immediate cause of the Respondent's injuries, constituting a faute in law. The Magistrate's findings on evidence, causation, fault, and quantum of damages were justified and not manifestly excessive. The appeal is dismissed with costs.
- Citation
- [2023] SCSC 215
- Parties
- Appellant: PUC; Respondent: Respondent
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 24 March 2023
- Case Number
- Civil 311 of 2021
- Procedural Posture
- Civil Appeal / Judgment on Appeal From Magistrate's Court
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Faute (fault), Causation, Quantum of Damages, Standard of Care, Third Party Liability
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
PUC
Appellant
Respondent
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From Magistrate's Court
Legal Issues
- 1 Whether the Magistrate erred in assessment of evidence and findings on causation and fault
- 2 Whether the Appellant was denied the opportunity to cross-examine the doctor
- 3 Whether third party involvement was adequately considered
Ratio Decidendi
The Appellant's acts and omissions were the sole and immediate cause of the Respondent's injuries, constituting a faute in law. The Magistrate's findings on evidence, causation, fault, and quantum of damages were justified and not manifestly excessive. The appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Costs awarded to Respondent
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment