Larue vs Leggaie and another (Civil Appeal Side No.19 of 2011) [2013] SCSC 43 (22 March 2013)

Larue vs Leggaie and another (Civil Appeal Side No.19 of 2011) [2013] SCSC 43 (22 March 2013)

The action was filed more than six months after the claim arose, contrary to section 3(a) of the Public Officers (Protection) Act. The appellant was given several opportunities to be heard but failed to utilize them. The rules of natural justice were not breached. The Magistrate's dismissal of the plaint on grounds of prescription was correct and is upheld.

Citation
[2013] SCSC 43
Parties
Appellant: Rodderick Larue; 1st Respondent: Osman Leggaie; 2nd Respondent: Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 March 2013
Case Number
Civil Appeal Side No.19 of 2011
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Prescription, Public Officers Protection, Vicarious Liability, Natural Justice
Source Language
English
Civil Procedure Tort Law Public Officer Liability Prescription Public Officers Protection Vicarious Liability Natural Justice

Case Brief

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Parties

Rodderick Larue

Appellant

Osman Leggaie

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the action was prescribed under section 3(a) of the Public Officers (Protection) Act
  2. 2 Whether the appellant was denied the right to be heard and rules of natural justice were breached
  3. 3 Whether the Attorney General was properly joined as a party and vicarious liability established

Ratio Decidendi

The action was filed more than six months after the claim arose, contrary to section 3(a) of the Public Officers (Protection) Act. The appellant was given several opportunities to be heard but failed to utilize them. The rules of natural justice were not breached. The Magistrate's dismissal of the plaint on grounds of prescription was correct and is upheld.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.