Suleman & Ors v Faure & Ano. (CS 9/2015) [2017] SCSC 284 (26 March 2017)

Suleman & Ors v Faure & Ano. (CS 9/2015) [2017] SCSC 284 (26 March 2017)

Plaintiffs failed to prove on a balance of probabilities that defendants acted maliciously and wrongfully; defendants were entitled to expel disruptive students from their club.

Citation
[2017] SCSC 284
Parties
First Plaintiff: Hanif Suleman; Second Plaintiff: Pemma Suleman; Third Plaintiff: Liam Suleman; Fourth Plaintiff: Aidan Suleman; Fifth Plaintiff: Farhaad Suleman; Sixth Plaintiff: Maia Suleman; First Defendant: James Faure; Second Defendant: Mastura Shah-Faure
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 March 2017
Case Number
CS 9/2015
Procedural Posture
Civil / Judgment
Outcome
Plaintiffs' case dismissed.
Legal Topics
Expulsion From Club, Malice, Damages, Article 1382 Civil Code
Source Language
English
Civil Law Expulsion From Club Malice Damages Article 1382 Civil Code

Case Brief

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Parties

Hanif Suleman

First Plaintiff

Pemma Suleman

Second Plaintiff

Liam Suleman

Third Plaintiff

Aidan Suleman

Fourth Plaintiff

Farhaad Suleman

Fifth Plaintiff

Maia Suleman

Sixth Plaintiff

James Faure

First Defendant

Mastura Shah-Faure

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether defendants acted maliciously and wrongfully in expelling plaintiffs from karate club
  2. 2 Whether plaintiffs are entitled to damages under Article 1382 of the Civil Code

Ratio Decidendi

Plaintiffs failed to prove on a balance of probabilities that defendants acted maliciously and wrongfully; defendants were entitled to expel disruptive students from their club.

Court Disposition

Plaintiffs' case dismissed.

Orders

  • Judgment for the defendants with costs.