- Flynote
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- Case summary
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ROBINSON, JA
[1] The Appellant and the Respondent appeared in Court on 11 July 2023 and filed in Court a Judgment by Consent, dated 17 April 2023, signed by them and their respective Counsel, stating the terms agreed upon between them in settlement. The Judgment by Consent is filed on record as exhibit “AR1”.
[2] The terms of exhibit “AR1” are as follows –
“1. The Respondent agrees to pay the Appellant and the Respondent agrees the Appellant a sum of SR 175,000.00 (Seychelles Rupees one Hundred and Seventy Five Thousand only) as full and final settlement of compensation payable for the encroachment caused on Title H3215, payable within two months from the date hereof.
2. The Respondent diverts the rain water gutter onto her property in that the rain water and other sources of water from the Respondent’s property do not enter into the Appellant’s land at all times.
3. The Respondent undertakes not to cause any further encroachment on the Appellant’s title H 3125.
4. Each party to bear her own costs.
5. Both parties herein agree that a Judgment by Consent be entered in accordance with the terms as above stated.
Dated at Victoria, Mahe, this 17th day of April 2023.”
[3] The terms of this Judgment by Consent “AR1” are entered as the Judgment of this Court.
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F. Robinson
Justice of Appeal
Signed, dated and delivered at Ile du Port on 11 July 2023.