Robert Andre v The Attorney General (Civil Side No: 365 of 2007) [2012] SCSC 23 (11 June 2012)

Robert Andre v The Attorney General (Civil Side No: 365 of 2007) [2012] SCSC 23 (11 June 2012)

The Defendant, as owner of the property from which the tree fell, is liable for the damages caused to the Plaintiff's vehicle due to negligence. The Plaintiff is entitled to damages for loss on sale of the vehicle, partial loan arrears, and moral damages, less compensation already received.

Citation
[2012] SCSC 23
Parties
Plaintiff: Robert Andre; Defendant: The Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 June 2012
Case Number
Civil Side No: 365 of 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Negligence, Damages, Liability of Government, Moral Damages
Source Language
English
Tort Law Negligence Damages Liability of Government Moral Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Robert Andre

Plaintiff

The Attorney General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant is liable for damages caused by a tree from government property falling on Plaintiff's vehicle
  2. 2 Quantum of damages recoverable by the Plaintiff

Ratio Decidendi

The Defendant, as owner of the property from which the tree fell, is liable for the damages caused to the Plaintiff's vehicle due to negligence. The Plaintiff is entitled to damages for loss on sale of the vehicle, partial loan arrears, and moral damages, less compensation already received.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to pay Plaintiff SR58,000.00 (SR44,000.00 for loss on vehicle, SR6,000.00 for loan arrears, SR25,000.00 for moral damages, less SR17,000.00 already received) with interest and costs.