Hoareau vs Joseph and another (CS 341/2010) [2013] SCSC 74 (5 November 2013)

The court found that the 1st Defendant had the right of way and the accident occurred as the Plaintiff was turning across the road, thus the accident was not due to the fault of the 1st Defendant.

Citation: [2013] SCSC 74
Parties: Plaintiff: Rivaltz Hoareau; First Defendant: Hubert Joseph; Second Defendant: Edwina Heenes
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 5 November 2013
Case Number: CS 341/2010
Procedural Posture: Civil / Judgment
Outcome: Plaint dismissed with costs
Legal Topics: Negligence, Motor Vehicle Accident, Damages
Source Language: English

Tort Civil Procedure Negligence Motor Vehicle Accident Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Rivaltz Hoareau

Plaintiff

Hubert Joseph

First Defendant

Edwina Heenes

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 1st Defendant was negligent and at fault for the motor vehicle accident
2 Whether the Plaintiff is entitled to damages for loss and damage arising from the collision

Ratio Decidendi

The court found that the 1st Defendant had the right of way and the accident occurred as the Plaintiff was turning across the road, thus the accident was not due to the fault of the 1st Defendant.

Court Disposition

Plaint dismissed with costs

Orders

The Plaint is dismissed with costs