Quantum of damages, evidence and burden of proof in relation to damages and quantum

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

Les référés - arts. 806 - 811 C. Pr. c. - Writ habere facias possessionem - res judicata - urgency: alternative remedy - Appeal partly succeeds – With costs

Article 1382 and the acts of moral persons –liability under Article 1382 and 1384 – when court of appeal can interfere with award of lower court

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

Delictual liability-Damages-whether the award of damages was manifestly harsh and excessive. A party cannot seek relief outside their pleadings

Right of way; Trespass; threatening violence; erecting barriers; obstructing entry; Article 1382 (3); damages due; permanent injuction

Application to 'hold on' to the prayers as averred and sought for in the affidavit would amount to an abuse of the process of this Court