Vel v Volcere (MA 151/2015) [2016] SCSC 381 (03 June 2016);

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: MA 151/2015

Arising out of DV 127/2014

[2016] SCSC 381

 

 

SUZY RUTH VEL OF PERSEVERANCE MAHE, SEYCHELLES

Versus

RYAN VOLCERE OF GLACIS, MAHE, SEYCHELLES

 

 

Heard:                   1st day of April 2016.

Counsel:               Mr. N. Gabriel for Petitioner

                             Unrepresented/Absent- Respondent

 

Delivered:              3rdday of June 2016

 

 JUDGMENT

 

 

Govinden J

[1]               This is a Petition for division of matrimonial property in that an Order is being sought from this Court declaring that the Petitioner is entitled to the matrimonial home situated at Perseverance 1 Mahe and that the Respondent is not entitled to any share of the house which was purchased and is still being paid for by the Petitioner albeit being in their joint names. Consequently, it is further prayed that the Respondent be ordered to vacate the said house located as above-referred.

[2]               The Respondent was duly served with summons on the 1st day of December 2015 and failed to appear before the Court without due cause, hence the matter proceeded ex-parte.

[3]               The Petitioner testified in support of her Petition in essence as follows.

[4]               That she was married to the Respondent on the 29th day of December 2011 and obtained an Absolute Decree of Divorce as against the Respondent on the 31stday of March 2015.

[5]               That she is the co-owner of a house together with the Respondent of a dwelling house situated at Perseverance.

[6]               That she is however the only one repaying the housing loan ever since the house was purchased from the Housing Finance Company in their joint names and that the monthly instalment is deducted directly from her salary at the Seychelles Trading Company.

[7]               That throughout their marriage she worked and earned revenue that was used to sustain the couple and their household.

[8]               That the Petitioner maintained the said household until their Divorce and still repaying the housing loan as above-referred.

[9]               Exhibits attesting to the ownership of the dwelling house more particularly the ‘Purchase Agreement’, repayment of the said loan through the ‘salary advice slip and statement of housing purchase from the Property Management Corporation and the payment of utility bills in the form of ‘utility bills receipts’ were all produced in support and admitted as exhibits P 1 to P6 respectively.

[10]           On the basis of the uncontested testimony of the Petitioner whom the Court believes to have been very cogent and reliable, this Court finds that the Respondent albeit being a party to the ‘Purchase Agreement’ Exhibit P2,did not and is not contributing towards the repayment of the said loan leading to the purchase of the house subject matter thereto and which evidence led proves that it is only the Petitioner who is contributing towards its repayment in its entirety. Same reasoning is applied for the maintenance of the said house and its other utilities thereof.

[11]           In the circumstances, I find that the Petitioner has proved her Petition to the satisfaction of this Court to the required standard and hence I accordingly grant the prayers as sought as follows:

(i)       The Petitioner is hereby declared as the sole owner of the house      situated at Perseverance 1, Mahe subject matter of the          ‘Purchase Agreement’ of the 20th day of May 2013 as between the       Property Management Corporation and the Parties;

(ii)      It follows, that the Respondent is further hereby ordered to vacate   the said house forthwith within a period of one month as of the          date of this Judgement.

[12]           The Petition is accordingly granted.

 

Signed, dated and delivered at Ile du Port on 3rd day of June 2016.

 

 S Govinden
Judge of the Supreme Court