Frichot v Otar (CS 93/2016) [2019] SCSC 1255 (1 August 2019)

Frichot v Otar (CS 93/2016) [2019] SCSC 1255 (1 August 2019)

The Defendant's actions constituted delict under the Civil Code, causing physical and moral harm to the Plaintiff, and violated her constitutional right to peaceful enjoyment of property. The Plaintiff is entitled to damages for physical injury, moral damage, and violation of property rights, but not for punitive damages for trespass without proven material loss. An injunction is warranted to prevent further abuse and trespass.

Citation
[2019] SCSC 1255
Parties
Plaintiff: Ruth Frichot; Defendant: Yvonne Otar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 August 2019
Case Number
CS 93/2016
Procedural Posture
Civil / Judgment
Outcome
Plaint partially granted; both parties to bear own costs.
Legal Topics
Trespass, Assault, Damages, Injunction, Peaceful Enjoyment of Property, Moral Damages
Source Language
English
Tort Property Law Constitutional Law Trespass Assault Damages Injunction Peaceful Enjoyment of Property +1 more

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Parties

Ruth Frichot

Plaintiff

Yvonne Otar

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant's actions constituted a delict causing harm to the Plaintiff
  2. 2 Whether the Plaintiff is entitled to damages for trespass, physical injury, and moral damage
  3. 3 Whether an injunction should be granted against the Defendant

Ratio Decidendi

The Defendant's actions constituted delict under the Civil Code, causing physical and moral harm to the Plaintiff, and violated her constitutional right to peaceful enjoyment of property. The Plaintiff is entitled to damages for physical injury, moral damage, and violation of property rights, but not for punitive damages for trespass without proven material loss. An injunction is warranted to prevent further abuse and trespass.

Court Disposition

Plaint partially granted; both parties to bear own costs.

Orders

  • Injunction granted prohibiting Defendant from verbally abusing, inflicting bodily injuries on, or trespassing Plaintiff’s property.
  • Defendant to pay Plaintiff SR 5,000 for violation of peaceful enjoyment of property.