Gappy v Barrallon (Civil Side No 204 of 2004) (204 of 2004) [2007] SCSC 45 (7 June 2007)

Gappy v Barrallon (Civil Side No 204 of 2004) (204 of 2004) [2007] SCSC 45 (7 June 2007)

The Plaintiff failed to prove by admissible evidence the meaning in English of the alleged slanderous words uttered in a foreign language, as required by law. Therefore, there were no words before the Court to ground the case, and the Plaint was dismissed.

Citation
[2007] SCSC 45
Parties
Plaintiff: Samuel Gappy; Defendant: Gaetan Barallon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 June 2007
Case Number
204 of 2004
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed
Legal Topics
Slander, Translation of Foreign Language Evidence, Burden of Proof
Source Language
English
Defamation Slander Translation of Foreign Language Evidence Burden of Proof

Case Brief

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Parties

Samuel Gappy

Plaintiff

Gaetan Barallon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant uttered slanderous words against the Plaintiff
  2. 2 Whether the Plaintiff proved the meaning of the alleged slanderous words in English as required by law

Ratio Decidendi

The Plaintiff failed to prove by admissible evidence the meaning in English of the alleged slanderous words uttered in a foreign language, as required by law. Therefore, there were no words before the Court to ground the case, and the Plaint was dismissed.

Court Disposition

Plaint dismissed

Orders

  • The Plaint is dismissed
  • No order as to costs