Jean & Ors v Jean (CS 63/2015) [2017] SCSC 859 (10 May 2017)

Jean & Ors v Jean (CS 63/2015) [2017] SCSC 859 (10 May 2017)

Heirs may act directly regarding their respective shares in the property without the intermediary of a fiduciary when dealing with their individual rights.

Citation
[2017] SCSC 859
Parties
Plaintiff: Daniel Jean; Plaintiff: John Jean; Plaintiff: Dorisca Legaie; Plaintiff: Cecile Jean; Plaintiff: Sonia Rachel; Defendant: Angelita Jean
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 May 2017
Case Number
CS 63/2015
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
Defendant's plea in limine litis dismissed; case to proceed on merits.
Legal Topics
Intestacy, Co Ownership, Fiduciary Appointment, Heir Rights
Source Language
English

Case Brief

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Parties

Daniel Jean

Plaintiff

John Jean

Plaintiff

Dorisca Legaie

Plaintiff

Cecile Jean

Plaintiff

Sonia Rachel

Plaintiff

Angelita Jean

Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

  1. 1 Whether plaintiffs can bring action regarding co-owned immovable property without appointment of a fiduciary

Ratio Decidendi

Heirs may act directly regarding their respective shares in the property without the intermediary of a fiduciary when dealing with their individual rights.

Court Disposition

Defendant's plea in limine litis dismissed; case to proceed on merits.