Awege & Anor v Lappe & Ors (SCA 46 of 2011) [2014] SCCA 3 (11 April 2014)

Awege & Anor v Lappe & Ors (SCA 46 of 2011) [2014] SCCA 3 (11 April 2014)

On a plain reading of the correspondence, planning permission was indeed granted to the appellants for the construction of the walkway. The trial judge's finding of 'faute' and award of damages against the two respondents is upheld, but the finding that no planning permission was granted is overturned.

Source-derived case information.

Citation
[2014] SCCA 3
Parties
1st Appellant: Gunter Fritz Awegee; 2nd Appellant: Marija Zlatkovic; 1st Respondent: Christine Lappe; 2nd Respondent: Heikko Lappe; 3rd Respondent: Yves Choppy (Ministry of National Development and Planning)
Court
Court of Appeal
Jurisdiction
Seychelles
Case Number
SCA 46 of 2011
Procedural Posture
Civil Appeal / Judgment of Court of Appeal
Outcome
Appeal allowed with costs.
Legal Topics
Planning Permission, Development Control, Interpretation of Statutes, Estoppel, Damages
Source Language
en
Administrative Law Land Law Planning Permission Development Control Interpretation of Statutes Estoppel Damages

Source-derived case record

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Parties

Gunter Fritz Awegee

1st Appellant

Marija Zlatkovic

2nd Appellant

Christine Lappe

1st Respondent

Heikko Lappe

2nd Respondent

Yves Choppy (Ministry of National Development and Planning)

3rd Respondent

Procedural Posture

Civil Appeal / Judgment of Court of Appeal

  1. 1 Whether planning permission was granted for the construction of a walkway
  2. 2 Whether the removal of the walkway by neighbouring proprietors was lawful
  3. 3 Whether the trial judge erred in finding no planning permission was granted

Ratio Decidendi

On a plain reading of the correspondence, planning permission was indeed granted to the appellants for the construction of the walkway. The trial judge's finding of 'faute' and award of damages against the two respondents is upheld, but the finding that no planning permission was granted is overturned.

Court Disposition

Appeal allowed with costs.

Orders

  • The appeal is allowed.
  • Costs awarded to the appellants.