Heirs Bossy v Chow & Anor (SCA 47 of 2011) [2013] SCCA 7 (3 May 2013)

Heirs Bossy v Chow & Anor (SCA 47 of 2011) [2013] SCCA 7 (3 May 2013)

The appellant is entitled to indemnity for the period of wrongful occupation by the respondent, calculated at a reasonable monthly rate, but not to speculative or unproven damages for loss of earnings or arbitrary percentages of property value.

Citation
[2013] SCCA 7
Parties
Appellant: Bossy; Respondent: Chow
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
3 May 2013
Case Number
SCA 47 of 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Eviction, Damages, Indemnity for Wrongful Occupation
Source Language
English
Property Law Civil Procedure Eviction Damages Indemnity for Wrongful Occupation

Case Brief

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Parties

Bossy

Appellant

Chow

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to damages or indemnity for the respondent's wrongful occupation of the property after lease revocation
  2. 2 Whether the appellant proved actual loss or damage as a result of the respondent's continued occupation

Ratio Decidendi

The appellant is entitled to indemnity for the period of wrongful occupation by the respondent, calculated at a reasonable monthly rate, but not to speculative or unproven damages for loss of earnings or arbitrary percentages of property value.

Court Disposition

appeal allowed in part

Orders

  • Respondent to pay appellant R 185,000 as indemnity for illegal use and occupation for November 2008 to April 2013
  • Respondent to pay costs to appellant