Seychelles Petroleum Co. Ltd v Travel Services (sey) Ltd & Ors (SCA 14 of 2014) [2016] SCCA 22 (12 August 2016)
The court entered judgment by consent, reducing damages to SCR 1,000,000, apportioned equally between the two appellants, with each party bearing its own costs.
Source-derived case information.
- Citation
- [2016] SCCA 22
- Parties
- Appellant: Seychelles Petroleum Company Ltd; Appellant: Marine Charter Association (Seychelles); Respondent: Travel Services (Seychelles) Limited
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 14 of 2014
- Procedural Posture
- Civil Appeal / Judgment by Consent
- Outcome
- judgment by consent; appeal and cross-appeal settled
- Legal Topics
- Damages, Costs, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seychelles Petroleum Company Ltd
Appellant
Marine Charter Association (Seychelles)
Appellant
Travel Services (Seychelles) Limited
Respondent
Procedural Posture
Civil Appeal / Judgment by Consent
Legal Issues
- 1 quantum of damages
- 2 apportionment of liability
- 3 costs of proceedings
Ratio Decidendi
The court entered judgment by consent, reducing damages to SCR 1,000,000, apportioned equally between the two appellants, with each party bearing its own costs.
Court Disposition
judgment by consent; appeal and cross-appeal settled
Orders
- Damages reduced to SCR 1,000,000 in favour of Travel Services (Seychelles) Limited
- Marine Charter Association (Seychelles) and Seychelles Petroleum Company Limited to each bear half of the damages
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL [Coram: F. MacGregor (PCA) , S. Domah (J. A) , M. Twomey (J. A)] Civil Appeal SCA 14, 16 & 18/2014 (Appeal from Supreme Court Decision CS 12/2012) Seychelles Petroleum Company Ltd Appellant Versu s Travel Services (Seychelles) Limited Marine Charter Association (Seychelles) Heard: 04 August 2016 Counsel: Mr. John Renaud for the Appellant Mr. Basil Hoareau for the other Appellant, (Marine Charter Association (Seychelles)) Respondents Mr. Pesi Pardiwalla, with Ms Tamara Christen for the 1st Respondent & Cross Appellant Delivered: 10 August 2016 M. Twomey (J. A) JUDGMENT [1] This is the Judgment of the Court, which is entered as a result of a Judgment by Consent: [2] The parties to the appeal and Cross-Appeal wish to settle all the matters now before the Court and wish the following agreements to be made a Judgment of the Court. [3] The damages of Seychelles Rupees 1,727,009.37 (One Million Seven Hundred and Twenty Seven Thousand and Nine and Thirty Seven Cents) awarded to Travel Services (Seychelles) Limited by the learned Chief Justice F. M. S. Egonda-Ntende be reduced in Seychelles Rupees 1,000,000.00 (One Million). [4] That both Marine Charter Association (Seychelles) and Seychelles Petroleum Company Limited shall each bear one half of the said damages. [5] That all parties shall bear their own costs, both in the Supreme Court and in the Court of Appeal. M. Twomey (J. A) I concur:. I concur:. …………………. …………………. F. MacGregor (PCA) S. Domah (J. A) Signed, dated and delivered at Palais de Justice, Ile du Port on 10 August 2016 2