Barrado v Labonté (MC53/2017) [2019] SCSC 1251 (30 July 2019)

Barrado v Labonté (MC53/2017) [2019] SCSC 1251 (30 July 2019)

The court approved the mutually agreed Land Surveyor's proposal to subdivide Parcel T1359 into two plots, allocating one to each party, as both parties consented and no valid cause of action was established for additional claims.

Citation
[2019] SCSC 1251
Parties
Applicant: Aaron Barrado; Respondent: Babhra Labonté
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 July 2019
Case Number
MC53/2017
Procedural Posture
Civil / Ruling
Outcome
Application for division in kind granted; claim for loss of use and enjoyment not considered.
Legal Topics
Co Ownership, Partition of Land, Division in Kind
Source Language
English
Property Law Co Ownership Partition of Land Division in Kind

Case Brief

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Parties

Aaron Barrado

Applicant

Babhra Labonté

Respondent

Procedural Posture

Civil / Ruling

Legal Issues

  1. 1 Whether Parcel T1359 should be divided in kind between the co-owners
  2. 2 Whether the Applicant is entitled to loss of use and enjoyment of the property

Ratio Decidendi

The court approved the mutually agreed Land Surveyor's proposal to subdivide Parcel T1359 into two plots, allocating one to each party, as both parties consented and no valid cause of action was established for additional claims.

Court Disposition

Application for division in kind granted; claim for loss of use and enjoyment not considered.

Orders

  • Plot No 1 allocated to the Respondent and Plot No 2 to the Applicant as per the Land Surveyor's proposal.
  • Mr. Yvon Fostel to proceed with the subdivision of Parcel T1359 and have it approved and registered after payment of his fees by the parties.