Thelemaque v Louise (SCA 2 of 1995) [1995] SCCA 18 (19 October 1995)

IN THE SEYCHELLES COURT OF APPEAL NADINE THELEMAQUE V. NATASHA LOUISE Civil APPeal No. 2 of 1995 Mr. F. Bonte for the plaintiff Mr. J. Renaud for the defendant JUDGMENT The Respondent entered a claim against the Appellant - in which she complained that she had been slandered and severe aspersions had been made on her chastity. The Appellant denied having the slanderous words. The trial judge found - that the slanderous words had in fact been uttered and awarded the Respondent R.20,000 as moral damages. The Appellant has appealed against this judgment on four grounds but in the course of his submission complained that he had not been given time to amend the Respondent's Had he been given time he would probably have defence. a plea that the words were uttered in the heat of the entered moment and the Respondent would have tendered an apology. He formally tendered such an apology and he submitted that in any case the damages were excessive. Mr. Bonte for the Respondent questioned the sincerity apology as the Appellant had ample opportunity to do He further submitted that the award was not excessive of the so. in view of the gravity of the slander. -2- We have given serious seriousness of the slander. consideration the It is likely that the words to were more in the nature of vulgar abuse. On the other hand, there was limited publicity to such slander to persons who probably knew that the words uttered were not true. In the circumstances we feel that an award of R.10,000 would meet the ends of justice. We amend the award accordingly. There will be no order as to costs. Dated the (4 A day of October, 1995. • P. GOBURDHUN (PRESIDENT) (JUSTICE OF APPEAL) 02v, 4_,4 L. E. VENCHARD (JUSTICE OF APPEAL) •