Moumou v Joseph (CS 31/2014) [2016] SCSC 237 (5 April 2016)

Moumou v Joseph (CS 31/2014) [2016] SCSC 237 (5 April 2016)

The supply of water is an easement for the benefit of the public created by law, not requiring registration or landowner consent. The decision on the location of water pipes is within the exclusive discretion of the Public Utilities Corporation, and the plaintiff failed to establish any legal right to dictate the pipe's location or to obtain an injunction against the defendant.

Citation
[2016] SCSC 237
Parties
Plaintiff: Bryan Moumou; Defendant: Dolly Joseph
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 April 2016
Case Number
CS 31/2014
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed with costs
Legal Topics
Easements, Water Supply, Land Registration, Public Utilities, Right of Way
Source Language
English
Property Law Public Utilities Law Easements Water Supply Land Registration Public Utilities Right of Way

Case Brief

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Parties

Bryan Moumou

Plaintiff

Dolly Joseph

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has a right to locate a water pipe on the defendant's land
  2. 2 Whether the defendant unlawfully damaged or disconnected the plaintiff's water supply
  3. 3 Whether an easement for water supply exists by law without registration

Ratio Decidendi

The supply of water is an easement for the benefit of the public created by law, not requiring registration or landowner consent. The decision on the location of water pipes is within the exclusive discretion of the Public Utilities Corporation, and the plaintiff failed to establish any legal right to dictate the pipe's location or to obtain an injunction against the defendant.

Court Disposition

Plaint dismissed with costs

Orders

  • The plaintiff's suit is dismissed with costs to the defendant.