Chetty v Lepere (DC 127/2007) [2012] SCSC 59 (30 July 2012)

Chetty v Lepere (DC 127/2007) [2012] SCSC 59 (30 July 2012)

The petition is dismissed in limine due to non-compliance with rule 4(1) of the Matrimonial Causes Rules, 1993, and insufficient evidence to determine the parties' shares in the disputed properties. Status quo is to be maintained: both parties are co-owners of land Title H7184 and the respondent retains sole ownership and possession of the motor vehicle.

Citation
[2012] SCSC 59
Parties
Petitioner: Cecil Chetty (Formerly Lepere); Respondent: Patrick Lepere
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 July 2012
Case Number
DC 127/2007
Procedural Posture
Divorce Ancillary Relief / Judgment
Outcome
petition dismissed
Legal Topics
Matrimonial Property, Ancillary Relief, Compliance With Procedural Rules
Source Language
English
Family Law Matrimonial Property Ancillary Relief Compliance With Procedural Rules

Case Brief

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Parties

Cecil Chetty (Formerly Lepere)

Petitioner

Patrick Lepere

Respondent

Procedural Posture

Divorce Ancillary Relief / Judgment

Legal Issues

  1. 1 Whether the petition for ancillary relief is maintainable given non-compliance with rule 4(1) of the Matrimonial Causes Rules, 1993
  2. 2 Whether there is sufficient evidence to determine the parties' shares in the disputed properties

Ratio Decidendi

The petition is dismissed in limine due to non-compliance with rule 4(1) of the Matrimonial Causes Rules, 1993, and insufficient evidence to determine the parties' shares in the disputed properties. Status quo is to be maintained: both parties are co-owners of land Title H7184 and the respondent retains sole ownership and possession of the motor vehicle.

Court Disposition

petition dismissed

Orders

  • Status quo to be maintained in respect of both properties in dispute.
  • Both parties declared co-owners of land Title H7184.