Civil Procedure

Parcou v Laporte (SCA 63/2019 (Appeal from CS 128/2018)) [2022] SCCA 27 (29 April 2022);

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Appeal against a decision of the Supreme Court in an action for simultaneous declaration of recherche de paternite and desaveu de paternite- Articles 312,321-340 Code Civil – Power of the Court on Appeal – Production of fresh evidence – Rule 31 of the Court of Appeal Rules S.I 13 of 2005.

IN THE COURT OF APPEAL OF SEYCHELLES

 

Jean-Baptiste v Padayachy (SCA 30 & 36/2019) [2021] SCCA 2 (Arising in CS 114/2017)) [2022] SCCA 2 (31 January 2022);

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Twomey, Tibatemwa-Ekirikubinza JJA: Power of attorney- when null and void –sections 20, 70, 88, 89 of the Land Registration Act.

Robinson JA :- Article 724 of the Civil Code of Seychelles - Heirs seised ipso facto of the property, rights and actions of the deceased if the deceased leaves no immovable property - Right of co-ownership in land is a real right that extends over the whole property vide Jumeau v Anacoura [1978] SLR 180 – An action ″en revendication″ is a real action - Article 2271 of Civil Code of Seychelles does not apply to an action ″en revendication″ - Personal Action - Ownership of immovable property once obtained is not lost by extinctive prescription Orbiter: Ownership of an immovable property is lost only by another person acquiring ownership of it by acquisitive prescription/usucapion, if the possessor of the thing fulfils the conditions for acquisitive prescription and if 2 he has possessed for a sufficient length of time. But if the possessor, for any reason whatever, could not acquire the ownership, there is no reason why an action ″en revendication″ brought against him should fail. - General Power of Attorney - Section 54 of Mortgage Registration Act – Sections 3 and 70 of Land Registration Act - Transfer of land through the General Power of Attorney registered under the Mortgage Registration Act - No evidence that the then Land Registrar had approved the General Power of Attorney - Instrument of Transfer illegal and null

IN THE SEYCHELLES COURT OF APPEAL

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