Property Law

Payet & Anor v Payet (CS 13/2019) [2020] SCSC 182 (09 March 2020);

TWOMEY CJ

The Pleadings

[1]       This case concerns a bitter family dispute over property. The First Plaintiff is the Executor of the Estate of the late Leonne Payet (hereinafter the Deceased) who passed away on 17 June 2017 and is the brother of the Second Plaintiff and the Defendant.

[2]       The Deceased had a usufructuary interest in Title Nos H2519 and H2520 and the Defendant has the bare ownership.

Albert & Anor v Etheve & Ors (CS 31/2016) [2020] SCSC 139 (19 February 2020);

ANDRE JIntroduction[1]       This Judgment arises out of a plaint which concerns a dispute between family members regarding a right of way. The parties are all related, Jeanette Albert (“first plaintiff”) is the sister of Didier Emmanuel Etheve (“first defendant”), Leonel Jean Etheve (“second defendant”), and Flavien Etheve (“third defendant”) (cumulatively referred to “the defendants”), and France Albert (“the second plaintiff), is married to the first plaintiff.

Lepere v Lepere (CS 08/2017 ) [2020] SCSC 20 (16 January 2020);

TWOMEY CJ

[1]        The parties are brothers and co-owners in indivision of land comprised in Title C109 at Anse la Mouche, Mahé of the extent of 1143 square meters. The property is co-owned in the following proportions: the Petitioner two-thirds, and the Respondent one-third.

[2]        In February 2017, the Petitioner applied for a division in kind of the property averring that the property could conveniently and profitably be sub divided in kind amongst the co-owners. 

Ex-Parte Juliana Rose (SCA 25/2017 (Appeal from Supreme Court Decision CS 206/2016)) [2019] SCCA 48 (17 December 2019);

JUDGMENT

 

F. MacGregor (PCA)

 

1.   This is a case in which the Appellant is appealing against the judgment of the Master delivered in Civil Slide No. 206/2016 delivered on 16 June 2017. The Appellant is the niece of the late Francois Clement Ah-Kon who died testate on 2 October 2016. Before his death, the deceased made a will in which he appointed the Appellant as the beneficiary of all his properties and rights.

 

PTD Limited v Zialor (SCA 32/2017 (Appeal from Supreme Court Decision CS 46/2013) ) [2019] SCCA 47 (17 December 2019);

 

JUDGMENT

 

F. Robinson (J.A)

 

 

[1]        This an appeal against the judgment of a trial Judge of the Supreme Court, who declined to grant a mandatory injunction compelling the respondent (the defendant then) to remove the two buildings from the land comprised in title no. PR344 at Anse Volbert, Praslin. The land comprised in title no. PR344 is hereinafter referred to as the "Property". The respondent resides in one of the buildings, and operates a business from the other.

Hortense v Songoire (SCA 36/2017 (Appeal from Supreme Court Decision CS 106/2016)) [2019] SCCA 46 (17 December 2019);

JUDGMENT
F. Robinson (J.A)

1. This is an appeal against the decision of a learned trial Judge of the Supreme Court who found that the signing of the transfer was obtained through fraudulent means. Consequently, the learned trial Judge made an order that the bare ownership of the Property shall be registered in the name of the respondent. He ordered the registration of the appellant as the owner of the usufructuary interest in the Property.

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