Bouchereau and Another v Samson and Another (87 of 2003) [2006] SCSC 22 (17 September 2006)

Bouchereau and Another v Samson and Another (87 of 2003) [2006] SCSC 22 (17 September 2006)

On a balance of probabilities, the court found that the defendants purposely damaged the terrace and removed soil from the plaintiffs' land, constituting trespass and warranting compensation. However, there was no sufficient evidence of encroachment as the survey confirmed the shed was on the defendant's parcel.

Citation
[2006] SCSC 22
Parties
Plaintiff: Annie Bouchereau; Plaintiff: Francis Bouchereau; Defendant: Gonzagues Samson; Defendant: Christina Rosalie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 September 2006
Case Number
87 of 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiffs in part
Legal Topics
Trespass, Encroachment, Damages
Source Language
English
Tort Property Trespass Encroachment Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Annie Bouchereau

Plaintiff

Francis Bouchereau

Plaintiff

Gonzagues Samson

Defendant

Christina Rosalie

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants trespassed on the plaintiffs' land and removed soil
  2. 2 Whether the defendants unlawfully encroached on the plaintiffs' land by building a laundry shed
  3. 3 Whether the plaintiffs are entitled to damages for trespass, removal of soil, and moral damages

Ratio Decidendi

On a balance of probabilities, the court found that the defendants purposely damaged the terrace and removed soil from the plaintiffs' land, constituting trespass and warranting compensation. However, there was no sufficient evidence of encroachment as the survey confirmed the shed was on the defendant's parcel.

Court Disposition

judgment for the plaintiffs in part

Orders

  • Defendants to pay plaintiffs Rs. 20,000 for trespass and removal of soil
  • Defendants to pay plaintiffs Rs. 5,000 as moral damages