Benoiton & Ano v Ah-Kong (CS 27/2014) [2016] SCSC 7 (18 January 2016)

The defendant's actions constituted unlawful encroachment and a civil wrong (faute) under Article 1382, substantiated by documentary and witness evidence. The defendant failed to properly deny material facts, and is liable for damages and subject to prohibitory and mandatory injunctions.

Citation: [2016] SCSC 7
Parties: Plaintiff: Conrad Benoiton; Plaintiff: Marie-Rose Benoiton; Defendant: Regis Ah-Kong
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 18 January 2016
Case Number: CS 27/2014
Procedural Posture: Civil / Judgment
Outcome: Judgment for the plaintiffs
Legal Topics: Land Encroachment, Damages, Injunctions, Faute (civil Wrong)
Source Language: English

Property Law Tort Law Land Encroachment Damages Injunctions Faute (civil Wrong)

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 8

Parties

Conrad Benoiton

Plaintiff

Marie-Rose Benoiton

Plaintiff

Regis Ah-Kong

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defendant unlawfully encroached on the plaintiffs' land
2 Whether the defendant is liable for damages and required to remove unauthorized constructions
3 Whether the plaintiffs are entitled to injunctions and compensation for loss and distress

Ratio Decidendi

Court Disposition

Judgment for the plaintiffs

Orders

Defendant to pay SR1,694,105 in damages to the plaintiffs
Defendant restrained by prohibitory injunction from trespassing and encroaching on Parcel B1624