Savy v Attorney-General (CS 371/2008) [2010] SCSC 73 (19 March 2010)

Savy v Attorney-General (CS 371/2008) [2010] SCSC 73 (19 March 2010)

The plaintiff was unlawfully arrested and detained by police officers acting as agents of the Government of Seychelles, with no lawful justification or official record, constituting a fault under article 1382 of the Civil Code and a violation of constitutional rights, entitling the plaintiff to damages.

Citation
[2010] SCSC 73
Parties
Plaintiff: Savy; Defendant: Attorney-General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 March 2010
Case Number
CS 371/2008
Procedural Posture
Delict Claim / Judgment
Outcome
judgment for plaintiff
Legal Topics
Unlawful Arrest, Unlawful Detention, Vicarious Liability, Damages
Source Language
English
Tort Law Constitutional Law Unlawful Arrest Unlawful Detention Vicarious Liability Damages

Case Brief

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Parties

Savy

Plaintiff

Attorney-General

Defendant

Procedural Posture

Delict Claim / Judgment

Legal Issues

  1. 1 Whether the plaintiff was unlawfully arrested and detained by police officers acting as agents of the Government of Seychelles
  2. 2 Whether the Government of Seychelles is vicariously liable for the acts of its servants
  3. 3 Quantum of damages payable for unlawful arrest and detention

Ratio Decidendi

The plaintiff was unlawfully arrested and detained by police officers acting as agents of the Government of Seychelles, with no lawful justification or official record, constituting a fault under article 1382 of the Civil Code and a violation of constitutional rights, entitling the plaintiff to damages.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff awarded R25,000 in damages
  • Defendant to pay interest and costs