Sinon v Wang (CS 22 of 2019) [2021] SCSC 9 (18 January 2021)

The plaintiff claimed the sum of one million Seychelles Rupees for damages for alleged loss of use of property, as well as moral damages caused by the encroachment of her property.

The defendant admits the encroachment but avers that it happened inadvertently with no bad faith on her part. She denies liability but is willing to pay the plaintiff the current market value for the small part of the plaintiff’s property on which her wall stands. 

The court noted that it is evident from the evidence of the plaintiff herself that the extent of the admitted encroachment covers only 53 square metres out of a total of 1340 square metres. The court further noted that the survey report of the surveyor reveals that the estimated value of the encroachment is 95 000 Seychelles Rupees and that, in that light, the claim of the plaintiff is grossly exaggerated in all the circumstances of the case. Further, the court declined to consider ordering any demolition of the said encroachment, seeing that it is supporting the foundation of the existing house of the defendant. The court further did not award any moral damages to the plaintiff as claimed as it has not been proved to the required standard.

The court partially granted the application. It ordered the defendant to pay the plaintiff 95 000 Seychelles Rupees. It did not grant an award as to moral damages and no demolition order was granted.