Civil Remedies

Harini & Company Proprietary Limited v Barjrang Builders Proprietary Limited (Civil Appeal SCA 29/2019 & SCA 41/2019 (Appeal from CS 11/2016) SCSC) [2021] SCCA 81 (17 December 2021);

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Contract - Breach of Building Lease Agreement - Damages - Proof of damages - Defective pleadings. Appeal is dismissed - Cross-appeal is dismissed - No order as to costs.

 

IN THE COURT OF APPEAL OF SEYCHELLES

 

Aglae V Robert (SCA 74/2018 (Appeal from CS 41/2018)) [2021] SCCA 48 (13 August 2021);

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Creation of easements - Discontinuous easements - Right of way - Document of title - Road acess - Sections 3, 28 and 52(3) of the Land Registration Act - Land Registration Act has primacy over the manner and form of creating easements - Mondon & Ors v Weller & Anor [2016] SCSC 451 omitted to consider imperative provisions of the Land Registration Act - An easement is a registrable right and is required to be created in a specific form in accordance with the Land Registration Act - Appeal allowed - With costs to the respondent

IN THE COURT OF APPEAL OF SEYCHELLES

 

O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 08/2019 (Appeal from CS 101/2017)) [2021] SCCA 35 (13 August 2021);

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Delict/tort-nuisance – proving of nuisance by sound, smell and dust.Once nuisance is proved, it is no defence that the defendant was unaware that their actions caused damage to the plaintiff.

A party cannot seek relief outside their pleadings

IN THE COURT OF APPEAL OF SEYCHELLES

 

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