Ferley v Hertel (1 of 2008) [2010] SCSC 33 (6 April 2010)

Ferley v Hertel (1 of 2008) [2010] SCSC 33 (6 April 2010)

The respondent was in legal occupation of the premises, as admitted by the appellant, and entitled to damages for repairs and moral prejudice caused by the appellant's actions. However, damages for lost items were not proved and are set aside.

Citation
[2010] SCSC 33
Parties
Appellant: Sylvia Ferley; Respondent: Bernadette Hertel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 April 2010
Case Number
1 of 2008
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partially allowed
Legal Topics
Damages, Occupation of Premises, Evidence, Appeals
Source Language
English
Civil Law Property Law Tort Law Damages Occupation of Premises Evidence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Sylvia Ferley

Appellant

Bernadette Hertel

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent proved her case without documentary evidence or testimony of a material witness
  2. 2 Whether the magistrate erred in not hearing the 2nd defendant
  3. 3 Whether the respondent was occupying the appellant's house illegally

Ratio Decidendi

The respondent was in legal occupation of the premises, as admitted by the appellant, and entitled to damages for repairs and moral prejudice caused by the appellant's actions. However, damages for lost items were not proved and are set aside.

Court Disposition

appeal partially allowed

Orders

  • Damages for lost jewellery and fryer set aside
  • Damages for repairs (Rs 3000), flower pots (Rs 375), and moral damages (Rs 500) upheld