Dhanjee v Dhanjee and Anor (Civil Suit No. 13/2012) [2013] SCSC 51 (29 May 2013)

Dhanjee v Dhanjee and Anor (Civil Suit No. 13/2012) [2013] SCSC 51 (29 May 2013)

The plaintiff failed to establish a prima facie case that the gold locket existed, was wrongfully taken, or is in the possession of the second defendant, having produced no documentary evidence, no detailed description, no corroborating witnesses, and no proof of possession by the defendant.

Citation
[2013] SCSC 51
Parties
Plaintiff: Bharti Dhanjee; First Defendant: Javahar Dhanjee; Second Defendant: Kiran Dhanjee
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 May 2013
Case Number
Civil Suit No. 13/2012
Procedural Posture
Civil Suit / Judgment After Plaintiff's Case and 'no Case to Answer' Submission
Outcome
case dismissed with costs to the defendants
Legal Topics
Burden of Proof, No Case to Answer Submission, Recovery of Property, Executrix Duties
Source Language
English
Succession Civil Procedure Burden of Proof No Case to Answer Submission Recovery of Property Executrix Duties

Case Brief

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Parties

Bharti Dhanjee

Plaintiff

Javahar Dhanjee

First Defendant

Kiran Dhanjee

Second Defendant

Procedural Posture

Civil Suit / Judgment After Plaintiff's Case and 'no Case to Answer' Submission

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case that the gold locket existed, was wrongfully taken, and is in the possession of the second defendant
  2. 2 Whether the plaintiff is entitled to the return of the locket as executrix of the estate

Ratio Decidendi

The plaintiff failed to establish a prima facie case that the gold locket existed, was wrongfully taken, or is in the possession of the second defendant, having produced no documentary evidence, no detailed description, no corroborating witnesses, and no proof of possession by the defendant.

Court Disposition

case dismissed with costs to the defendants

Orders

  • Plaintiff's suit is dismissed
  • Plaintiff to pay costs to the defendants