Souris v Barbe (161 of 2005) [2006] SCSC 54 (5 July 2006)

IN THE SUPREME COURT OF SEYCHELLES

CATHERINE SOURIS......................................................................................................Plaintiff

VS.

ANTOINE BARBE........................................................................................................Defendant

Civil Side No. 161 of 2005

Mr. W. Lucas for the Plaintiff

Defendant – In person

JUDGMENT

Gaswaga, J

A plaint was lodged in the Supreme Court for an order to compel the defendant to leave the plaintiff’s house and to restrain him from interfering with her any more. It is not in dispute that the parties had lived together in the demised house for more than four years and their relationship was blessed with one child. However, their relationship ended two years before the presentation of this plaint although they continued to stay in the same house but indifferent rooms. It is beyond the region of dispute that the ownership of the said house vests in the plaintiff and further that although the defendant made some contributions towards and improvements on the house, especially during the time when the plaintiff was unemployed, he was no longer interested in claiming any compensation or refund of that money from her. The defendant instead intimated hat he would be asking the government to provide him with a house. That he needed a period of six months within which to find alternative accommodation and vacate.

In short, at the hearing the defendant acceded to the plaint and both parties agreed to judgment being entered in the terms consented upon.

Accordingly, judgment is hereby entered against the defendant on the following terms:

1. That the defendant vacates the plaintiff’s house within a period of six months from the date hereof (i.e. 6^th July, 2006).

2. No order as to costs is made.

D. GASWAGA

JUDGE

Dated this 6^th day of July, 2006.