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Seychelles decisions
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Laurence v Attorney General & Anor (CS 90 of 2019) [2024] SCSC 120 (26 July 2024)
Medical negligence claim dismissed after the court found the hospital’s treatment of a child with sepsis was timely, scientific, and not shown to be negligent.
Hari Builders (Pty) Ltd v S A Fabrication (SCA 31 of 2021) [2023] SCCA 42 (25 August 2023)
The Court of Appeal upheld awards for loss of rental income and moral damages, but set aside a separate award for loss of use and enjoyment as repetitive.
Kumar v Low-Hang (SCA 6 of 2022) [2023] SCCA 44 (25 August 2023)
Court of Appeal reduced damages in a civil trespass appeal, holding that only nominal damages were justified for obstruction and moral harm.
Santache v Housing Finance Company Limited (CS 19 of 2018) [2023] SCSC 462 (12 June 2023)
The Supreme Court of Seychelles held the defendant must recalculate the loan from SCR 15,383.27, refund excess payments with interest, and pay SCR 20,000 moral damages.
Marengo v Gamatis (CS 120 of 2018) [2023] SCSC 242 (16 March 2023)
The Supreme Court of Seychelles awarded SCR50,000 in moral damages after finding the defendant liable for an assault causing physical and psychological injury.
Junia Albert & Ors v Hill View Resorts Seychelles Ltd (Appeal 21 of 2021) [2023] SCSC 185 (10 March 2023)
The Employment Tribunal has no statutory power to award moral damages for termination of employment, whether lawful or unjustified, unless expressly provided in the Employment Act. Since the appellants accepted the lawfulness of their termination and received compensation beyond statutory entitlements, no further remedy is available.
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Pool v H. Savy Insurance (SCA 27 of 2019) [2021] SCCA 70 (17 December 2021)
The Court of Appeal dismissed Jose Pool’s appeal, holding that he had not proved the quantum of damages claimed for loss of vehicle, loss of use, or moral damages.
Sauzier v Bibi & Anor (CS 103/2020) [2021] SCSC 1031 (26 October 2021)
The Supreme Court of Seychelles dismissed a police officer’s delict claim, finding no proven faute or moral damage from the defendants’ conduct or filming.
Monthy v Payet (SCA 17 of 2019) [2021] SCCA 55 (10 September 2021)
The Court of Appeal held that most advances were loans, not gifts, upheld moral damages, excluded WhatsApp admissions, and partly allowed the appeal.
Madeleine v Land Marine Ltd (CS 73/2018) [2021] SCSC 864 (26 March 2021)
The Defendant, through its employees, committed an error of conduct (faute) by failing to properly identify and handle the Plaintiff's imported goods, leading to his wrongful arrest and detention. This error would not have been committed by a prudent person in the circumstances, and the Defendant is vicariously liable for the resulting moral damage. The Plaintiff is entitled to compensation for moral prejudice, but the claim for SR 1,000,000 is grossly exaggerated; SR 100,000 is awarded as reasonable moral damages.
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