United Conceter Products (sey) Ltd v De'silva & Ors (SCA 35 of 1996) [1997] SCCA 41 (14 August 1997)
The appeal is dismissed as unmeritorious; the cross-appeal is allowed in relation to the quantum of damages for the first and fourth respondents.
Source-derived case information.
- Citation
- [1997] SCCA 41
- Parties
- Appellant: United Concrete Products (Seychelles) Ltd; Respondent: Micheline De Silva; Respondent: Four Others
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 35 of 1996
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal dismissed; cross-appeal allowed in part.
- Legal Topics
- Loss and Damage, Appeal, Cross Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Concrete Products (Seychelles) Ltd
Appellant
Micheline De Silva
Respondent
Four Others
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the awards for loss and damage to the first and fourth respondents should be altered
- 2 Whether the appeal by the appellant should be allowed
Ratio Decidendi
The appeal is dismissed as unmeritorious; the cross-appeal is allowed in relation to the quantum of damages for the first and fourth respondents.
Court Disposition
Appeal dismissed; cross-appeal allowed in part.
Orders
- First respondent's award altered to SR140,000 with interest
- Fourth respondent's award altered to SR50,000 with interest
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL UNITED CONCRETE PRODUCTS (SEYCHELLES) LTD APPELLANT VERSUS MICHELINE DE SILVA & FOUR OTHERS RESPONDENTS (Before: Si/II/we, Venchard and Adam. /JA) Civil Appeal No. 35 of 1996 Mr. K. Shah for the Appellant Mr. A. Derjacques for the Respondents JUDGMENT OF THE COURT Appeal is dismissed with costs. Cross-Appeal allowed as it relates to claims for loss and damage - first respondent's award altered to SR140,000 and fourth respondent's award altered to SR50,000 together with interest. Reasons to follow. Dared rhis 14 th day of August, 1997. A. SILUNGWE L. E. VENCHARD M. A. ADAM JUSTICE OF APPEAL JUSTICE OF APPEAL JUSTICE OF APPEAL