Labonte v Mathiot and Another (192 of 2003) [2010] SCSC 118 (2 December 2010)

Labonte v Mathiot and Another (192 of 2003) [2010] SCSC 118 (2 December 2010)

The Defendants assaulted the Plaintiff, causing her injury, pain, distress, and loss, and are liable under Article 1382(1) of the Civil Code of Seychelles to compensate her. The quantum of damages claimed was excessive and was reduced by the court.

Citation
[2010] SCSC 118
Parties
Plaintiff: Vivienne Labonte; Defendant: Wilna Mathiot; Defendant: Doris Mathiot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 December 2010
Case Number
192 of 2003
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Assault, Damages, Liability, Faute
Source Language
English
Tort Law Assault Damages Liability Faute

Case Brief

Summary, issues, holding and outcome

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Parties

Vivienne Labonte

Plaintiff

Wilna Mathiot

Defendant

Doris Mathiot

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendants are liable for assaulting the Plaintiff and causing her injury, pain, distress, and loss
  2. 2 Whether the Plaintiff is entitled to damages and in what quantum

Ratio Decidendi

The Defendants assaulted the Plaintiff, causing her injury, pain, distress, and loss, and are liable under Article 1382(1) of the Civil Code of Seychelles to compensate her. The quantum of damages claimed was excessive and was reduced by the court.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendants to pay Plaintiff SR35,200.00 jointly and severally with interest and costs