Soomery & Ors v Celestine (SCA 25 of 2011) [2013] SCCA 16 (30 August 2013)

Soomery & Ors v Celestine (SCA 25 of 2011) [2013] SCCA 16 (30 August 2013)

The appellants could not rely on the defence of self-defence as it was not pleaded in their statement of defence. The evidence supported the respondent's claim of assault and injury, and the quantum of damages awarded was not excessive. The appeal had no merit and was dismissed with costs.

Source-derived case information.

Citation
[2013] SCCA 16
Parties
Appellant: S. Soomery & Ors; Respondent: M. Celestine
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
30 August 2013
Case Number
SCA 25 of 2011
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Assault, Damages, Pleadings, Self Defence
Source Language
english
Tort Law Assault Damages Pleadings Self Defence

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Parties

S. Soomery & Ors

Appellant

M. Celestine

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the appellants were liable for assault and damages for injuries sustained by the respondent
  2. 2 Whether the defence of self-defence was available to the appellants
  3. 3 Whether the quantum of damages awarded was excessive

Ratio Decidendi

The appellants could not rely on the defence of self-defence as it was not pleaded in their statement of defence. The evidence supported the respondent's claim of assault and injury, and the quantum of damages awarded was not excessive. The appeal had no merit and was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Costs awarded to respondent