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Whether or not the supporting affidavit complies with the law — Defect in the jurat — The Commissioner of Prisons has taken the oath of the applicant — The interlocutory matter does not have a supporting affidavit as required by Rule 25 (3) of The Seychelles Court of Appeal Rules 2005, as amended, and, hence, is incurably defective

Order

[1] The Motion to Amend the Plaint is granted.
[2] Costs awarded to the Defendant.

ORDER

[1] This Court cannot acquiesce to the demands of the Plaintiff.
[2] No order as to costs

The convict is sentenced under Count 2 - To a term of imprisonment for 1 year suspended for a
period of 2 years and to a fine of SCR.20,000/- to be paid by 28 February 2025. In default of
payment of such fine, imprisonment for 6 months.

ORDER

1. 1. 1. 1. In accordance with section 22(1)(b) of the MCA, the transfer of parcel V1332 to Kimberley and Iouanna Pillay is set aside so that full ownership of the property reverts to Mr Walter Patrick Pillay. The Land Registrar is directed to make the necessary entries in the relevant registers to give effect to this Order not later than one month of the date of this judgment.
         2. Thereafter but not later than three (3) months after the date of this judgment, Mr Walter Patrick Pillay shall transfer Title V1332 and the building thereon including the encroachments on the adjoining Government land to Ms Paquerette Lablache, and vacate the property. The costs of transferring the property including notarial fees as well as stamp duty and registration dues shall be borne by Mr Pillay for the reason given above. For the avoidance of doubt, Mr Pillay shall not be under any obligation to pay rent for the premises during the aforementioned period of three (3) months. For further avoidance of doubt Mr Pillay shall have no rights over Title V1332 and the building thereon including the encroachments on the adjoining Government land after the expiry of the aforementioned period of three (3) months.
         3. The Government through the Ministry of Lands & Housing is directed to transfer the subsisting lease of parcels V15988 & V15989 from Mr Walter Patrick Pillay to Ms Paquerette Lablache not later than three (3) months after the date of this judgment, and in the event that such lease has expired to enter into a new lease in respect of those parcels with Ms Lablache within such period of three (3) months.
         4. Any lease/tenancy agreements for the lease/ rent of the building on V1332 including the encroachments on the neighbouring parcels or part thereof, subsisting at the date of this judgment shall, terminate at the expiry of three (3) months after the date of this judgment, and new agreements entered into between Ms Lablache and the previous lessees/tenants shall become effective upon such termination. The new agreements shall be on the same terms and conditions as those provided in the previous agreements or such other terms and conditions as the parties may agree to, and unless otherwise agreed by the parties the term of the lease/tenancy under the new agreements shall not be such that the new leases/tenancies will end at an earlier date than the previous leases/tenancies would have ended. The foregoing shall be subject to any termination clauses in the lease/tenancy agreements.  All rent payable under the new agreements for the period starting at the expiry of 3 months from the date of this judgment shall be paid to Ms Lablache. 
         5. Ms Paquerette Lablache shall transfer her half share of H1345, H6465 and H6466 to Mr Walter Patrick Pillay, and vacate the house on H1345, not later than six (6) months after the date of this judgment. The costs of transferring the property including notarial fees as well as stamp duty and registration dues shall be borne by Mr Pillay for the reason given above.
         6. The parties shall each bear their own costs.
         7. This judgment is to be served on the Land Registrar, the Government represented by the Ministry of Lands & Housing for compliance with the above orders and to the current lessees/tenants of the building on V1332 to give them notice of the same.