Filez v Pillai & Ors (CS 429/2006) [2017] SCSC 861 (17 May 2017)

Filez v Pillai & Ors (CS 429/2006) [2017] SCSC 861 (17 May 2017)

The parties agreed to the removal of the obstructing wall, restoration of the footpath, payment of moral damages, and relocation of a beacon, which the court adopted as its judgment in full and final settlement.

Citation
[2017] SCSC 861
Parties
Plaintiff: Anna Filez; Defendant: Vaithiliugam Murugaiyan Pillai
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 May 2017
Case Number
CS 429/2006
Procedural Posture
Civil / Judgment by Consent
Outcome
Judgment entered by consent as full and final settlement.
Legal Topics
Obstruction of Access, Removal of Encroachment, Damages, Restoration of Property
Source Language
English
Property Law Obstruction of Access Removal of Encroachment Damages Restoration of Property

Case Brief

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Parties

Anna Filez

Plaintiff

Vaithiliugam Murugaiyan Pillai

Defendant

Procedural Posture

Civil / Judgment by Consent

Legal Issues

  1. 1 Whether the defendant should remove the obstructing wall on the road reserve
  2. 2 Whether the plaintiff is entitled to moral damages
  3. 3 Whether the footpath should be restored to its original state

Ratio Decidendi

The parties agreed to the removal of the obstructing wall, restoration of the footpath, payment of moral damages, and relocation of a beacon, which the court adopted as its judgment in full and final settlement.

Court Disposition

Judgment entered by consent as full and final settlement.

Orders

  • Defendant to remove the obstructing stone and concrete wall within 3 months by a licensed contractor.
  • Land and footpath to be restored to original state as much as possible.