Larue v Boniface & Ano (CS/52/2016) [2018] SCSC 8148 (9 April 2018)

Larue v Boniface & Ano (CS/52/2016) [2018] SCSC 8148 (9 April 2018)

The Plaintiff's land is enclaved and he is entitled to seek a right of way under Article 682 of the Civil Code, but he has no registered right of way or agreement with adjoining owners and cannot claim a right of way by self-help or force. The Plaintiff failed to prove the existence of a public secondary road and did not join all necessary parties for a complete remedy. The Defendants are entitled to damages for physical and moral harm caused by the Plaintiff's unauthorized acts.

Citation
[2018] SCSC 8148
Parties
Plaintiff: Anthony Larue; First Defendant: Thrya Boniface; Second Defendant: The Estate of Mea Simeon (represented by Raymond Simeon and Jane Simeon)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 April 2018
Case Number
CS/52/2016
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed; counterclaims for damages allowed in part.
Legal Topics
Right of Way, Easements, Trespass, Damages, Enclaved Land
Source Language
English
Property Law Tort Law Right of Way Easements Trespass Damages Enclaved Land

Case Brief

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Parties

Anthony Larue

Plaintiff

Thrya Boniface

First Defendant

The Estate of Mea Simeon (represented by Raymond Simeon and Jane Simeon)

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to a right of way across the Defendants' land to access a public road
  2. 2 Whether the Plaintiff unlawfully trespassed and damaged the Defendants' land
  3. 3 Whether the Defendants are entitled to damages for physical and moral harm

Ratio Decidendi

The Plaintiff's land is enclaved and he is entitled to seek a right of way under Article 682 of the Civil Code, but he has no registered right of way or agreement with adjoining owners and cannot claim a right of way by self-help or force. The Plaintiff failed to prove the existence of a public secondary road and did not join all necessary parties for a complete remedy. The Defendants are entitled to damages for physical and moral harm caused by the Plaintiff's unauthorized acts.

Court Disposition

Plaint dismissed; counterclaims for damages allowed in part.

Orders

  • Plaintiff's plaint dismissed with costs.
  • Plaintiff to pay First Defendant SR25,000 for physical damages and SR25,000 for moral damages.