Benoiton & Ors v Rene & Ors (MA 284/2019 (arising in CS 37/2019)) [2020] SCSC 494 (23 April 2020)

Benoiton & Ors v Rene & Ors (MA 284/2019 (arising in CS 37/2019)) [2020] SCSC 494 (23 April 2020)

Applicants have established an arguable case in both their paternity claim and potential action for reduction regarding parcel B1854. There is a real risk that, absent an inhibition order, the property could be disposed of to their detriment, rendering any future suit nugatory. The court's discretion under section 76 Land Registration Act is properly exercised to preserve the property and maintain the status quo pending resolution of the underlying disputes.

Citation
[2020] SCSC 494
Parties
Applicant: Andre Leslie Benoiton & Ors; Respondent: Sarah Zarquani Rene & Ors
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 April 2020
Case Number
MA 284/2019 (arising in CS 37/2019)
Procedural Posture
Civil (succession/property) / Ruling on Application for Inhibition Order (interlocutory)
Outcome
Inhibition order granted
Legal Topics
Inhibition Order, Locus Standi, Donation Deguisée, Reduction of Dispositions, Reserved Portion, Land Registration, Preservation of Property, Action En Recherche De Paternité
Source Language
English
Succession Law Property Law Civil Procedure Inhibition Order Locus Standi Donation Deguisée Reduction of Dispositions Reserved Portion +3 more

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Parties

Andre Leslie Benoiton & Ors

Applicant

Sarah Zarquani Rene & Ors

Respondent

Procedural Posture

Civil (succession/property) / Ruling on Application for Inhibition Order (interlocutory)

Legal Issues

  1. 1 Whether applicants have locus standi to seek inhibition order over parcel B1854
  2. 2 Whether threshold for inhibition order is met under section 76 Land Registration Act
  3. 3 Whether applicants have an arguable case for reduction regarding parcel B1854

Ratio Decidendi

Applicants have established an arguable case in both their paternity claim and potential action for reduction regarding parcel B1854. There is a real risk that, absent an inhibition order, the property could be disposed of to their detriment, rendering any future suit nugatory. The court's discretion under section 76 Land Registration Act is properly exercised to preserve the property and maintain the status quo pending resolution of the underlying disputes.

Court Disposition

Inhibition order granted

Orders

  • Registration of any dealing with parcel B1854 and any buildings thereon is inhibited until further order of the Court.
  • A copy of the order to be served on the Land Registrar for registration of the inhibition.