Esparon v Esparon (CS88/2016) [2018] SCSC 8163 (15 May 2018)

Esparon v Esparon (CS88/2016) [2018] SCSC 8163 (15 May 2018)

The Plaintiff failed to prove loss or damage to her belongings. The Defendant cannot restrict the Plaintiff’s or her contractor’s access to the house under construction, as the Plaintiff has a right to use the property. The Defendant’s financial contributions to the car and house were not loans but acts of parental support. The Defendant’s claims for a share in the car, contribution to the house, and moral damages are unsubstantiated.

Citation
[2018] SCSC 8163
Parties
Plaintiff: Angelle Esparon; Defendant: Marlyn Esparon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 May 2018
Case Number
CS88/2016
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's monetary claim dismissed; access to house and contractor granted; Defendant's counterclaims dismissed; each party to bear own costs.
Legal Topics
Access to Property, Ownership of Property, Moral Damages, Contribution to Property, Division of Assets
Source Language
English
Family Law Property Law Access to Property Ownership of Property Moral Damages Contribution to Property Division of Assets

Case Brief

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Parties

Angelle Esparon

Plaintiff

Marlyn Esparon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is the Defendant liable to the Plaintiff for loss and damage to the Plaintiff’s belongings?
  2. 2 Is the Defendant liable to give the Plaintiff access to her house?
  3. 3 Is the Defendant liable to give the contractor access to the Plaintiff’s house?

Ratio Decidendi

The Plaintiff failed to prove loss or damage to her belongings. The Defendant cannot restrict the Plaintiff’s or her contractor’s access to the house under construction, as the Plaintiff has a right to use the property. The Defendant’s financial contributions to the car and house were not loans but acts of parental support. The Defendant’s claims for a share in the car, contribution to the house, and moral damages are unsubstantiated.

Court Disposition

Plaintiff's monetary claim dismissed; access to house and contractor granted; Defendant's counterclaims dismissed; each party to bear own costs.

Orders

  • The claim of SCR 142,360.00 by the Plaintiff against the Defendant is dismissed.
  • The Plaintiff is allowed access to her house under construction immediately.