Jose Hetimier vs Donata Gandini (SCA 11 of 2011) [2012] SCCA 32 (07 December 2012);

 

Judgment by consent

Twomey JA

1. This appeal was heard on 23rd August 2012. It resulted from the decision of the learned Chief Justice refusing a writ habere facias possessionem against the Respondent. During arguments at the hearing of the appeal, the parties indicated that it would be possible to reach an agreement in settlement of the matter.

2. On the 28th November, both parties with their respective counsel presented the Court with a signed and dated judgment by consent. The Court enquired as to whether the parties had fully understood the terms of the agreement and proceeded to read out the same with a French translation for the benefit of the Respondent. Both parties acknowledged in person their acquiescence.

3. In accordance with section 131 of the Seychelles Code of Civil Procedure the judgment by consent of the parties was entered by the Court of Appeal on the following terms:

1. The Appellant shall pay the Respondent the sum of Seychelles Rupees Seven Hundred and fifty thousand being the value of her contribution for the construction of house she occupies on the Appellant’s land at Anse Petit Cour, Praslin.

2. Upon receipt of payment of the said sum, the ownership of the house shall henceforth be that of the Appellant.

3. The Respondent shall give vacant possession and occupation of the house on or before 31st March 2013. Upon vacating the house, the Respondent shall remove all her personal belongings, furniture and fixtures namely air condition units affixed to the house. The Respondent shall hand over the house in a clean and tidy condition without any damage, physical or aesthetic thereto.

4. The parties to this judgment by consent shall thereafter have no further claims against one another in relation to the house and their previous arrangement relating to ownership and occupation of the house.

 

 

M. Twomey                     A. Fernando                   J. Msoffe

 

Made this 28th day of November 2012 at Victoria, Mahé, Seychelles