Rose v Government of Seychelles (CS 329/2009) [2011] SCSC 102 (25 March 2011)

Rose v Government of Seychelles (CS 329/2009) [2011] SCSC 102 (25 March 2011)

The Court found that while the plaintiffs' claims were excessive, the particularity and gravity of the case—where police officers caused the death of a citizen in custody—warranted an award higher than the defendant's offer but lower than the plaintiffs' claim. The Court adjusted the quantum upwards to reflect the...

Source-derived case information.

Citation
[2011] SCSC 102
Parties
Plaintiff: Rose; Defendant: Government of Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 March 2011
Case Number
CS 329/2009
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Wrongful Death, Police Misconduct, Quantum of Damages, Exemplary Damages, Compensation for Unlawful Detention, Compensation for Assault, Compensation for Economic Loss
Source Language
english
Tort Constitutional Law Damages Wrongful Death Police Misconduct Quantum of Damages Exemplary Damages Compensation for Unlawful Detention +2 more

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Summary, issues, holding and outcome

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Parties

Rose

Plaintiff

Government of Seychelles

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are entitled to damages for the wrongful death of Mervin Pierre caused by police officers while in custody
  2. 2 Quantum of damages to be awarded for wrongful death, unlawful arrest, detention, assault, distress, economic loss, and exemplary damages

Ratio Decidendi

The Court found that while the plaintiffs' claims were excessive, the particularity and gravity of the case—where police officers caused the death of a citizen in custody—warranted an award higher than the defendant's offer but lower than the plaintiffs' claim. The Court adjusted the quantum upwards to reflect the seriousness of the misconduct, the suffering endured by the deceased, and the economic loss to the dependants, awarding a total of R940,000 with interest and costs.

Court Disposition

judgment for the plaintiffs

Orders

  • Defendant to pay plaintiffs a total of R940,000 in damages apportioned as specified in the judgment
  • Damages for the minor plaintiff to be invested in a court-approved investment scheme