Pillay v Jeremie (CS 16/2019) [2021] SCSC 992 (17 September 2021)

Pillay v Jeremie (CS 16/2019) [2021] SCSC 992 (17 September 2021)

The duties of the executrices were performed upon distribution of the property; there is no basis for removal of the defendant as co-executrix. The plaintiff failed to prove entitlement to rent or quantum thereof. The Judgment by Consent is binding and cannot be disregarded; the court cannot enforce or vary its...

Source-derived case information.

Citation
[2021] SCSC 992
Parties
Plaintiff: Brigitte Mathilda Pillay; Defendant: Louisa Claudia Jeremie (nee Pillay)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 September 2021
Case Number
CS 16/2019
Procedural Posture
Civil / Judgment
Outcome
Plaint and counterclaim dismissed.
Legal Topics
Removal of Executor, Judgment by Consent, Co Ownership, Rent Claims, Functus Officio, Enforcement of Consent Judgments
Source Language
english
Succession Law Property Law Civil Procedure Removal of Executor Judgment by Consent Co Ownership Rent Claims Functus Officio +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Brigitte Mathilda Pillay

Plaintiff

Louisa Claudia Jeremie (nee Pillay)

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant should be removed as co-executrix of her mother’s succession
  2. 2 Whether the plaintiff is entitled to payment of rent from the defendant
  3. 3 Whether the Court can order the plaintiff to abide by the terms of the Judgment by Consent

Ratio Decidendi

The duties of the executrices were performed upon distribution of the property; there is no basis for removal of the defendant as co-executrix. The plaintiff failed to prove entitlement to rent or quantum thereof. The Judgment by Consent is binding and cannot be disregarded; the court cannot enforce or vary its terms due to lack of specificity and being functus officio. Both plaint and counterclaim are dismissed.

Court Disposition

Plaint and counterclaim dismissed.

Orders

  • Plaintiff to pay costs to the defendant.