Seraphine v Sultan (CS 214/1998) [2001] SCSC 8 (26 March 2001)

Seraphine v Sultan (CS 214/1998) [2001] SCSC 8 (26 March 2001)

On a balance of probabilities, the court found that the defendant was driving the vehicle involved in the accident and failed to rebut the presumption of fault under article 1383(2) of the Civil Code. The defendant is therefore liable for the plaintiff's injuries and damages.

Citation
[2001] SCSC 8
Parties
Plaintiff: Seraphine; Defendant: Sultan (Gilbert R Sultan Beaudouin)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2001
Case Number
CS 214/1998
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Negligence, Road Traffic Accident, Presumptions, Damages
Source Language
English
Tort Personal Injury Negligence Road Traffic Accident Presumptions Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Seraphine

Plaintiff

Sultan (Gilbert R Sultan Beaudouin)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was the driver of the vehicle involved in the accident
  2. 2 Whether the defendant is liable for the injuries suffered by the plaintiff
  3. 3 Quantum of damages payable to the plaintiff

Ratio Decidendi

On a balance of probabilities, the court found that the defendant was driving the vehicle involved in the accident and failed to rebut the presumption of fault under article 1383(2) of the Civil Code. The defendant is therefore liable for the plaintiff's injuries and damages.

Court Disposition

judgment for the plaintiff

Orders

  • Defendant to pay the plaintiff R31,000 as damages for pain, suffering, and loss of amenities
  • Defendant to pay interest and costs