Dodin v Arrisol (CS 134/1994) [2003] SCSC 8 (6 March 2003)

Dodin v Arrisol (CS 134/1994) [2003] SCSC 8 (6 March 2003)

The Plaintiff proved actual and ascertainable loss by documentary evidence, entitling her to recover R23,880 from the Defendant as unjust enrichment. No property adjustment is made as the parties were in concubinage. The Defendant's counterclaim fails for lack of proof. Prescription does not apply to the Plaintiff's claim.

Citation
[2003] SCSC 8
Parties
Plaintiff: Dodin; Defendant: Arrisol
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 March 2003
Case Number
CS 134/1994
Procedural Posture
Civil / Judgment at First Instance; Appeal Dismissed
Outcome
Plaintiff's claim allowed in part; Defendant's counterclaim dismissed
Legal Topics
Unjust Enrichment, Concubinage, Property Rights, Prescription, Counterclaim
Source Language
English
Civil Law Property Law Family Law Unjust Enrichment Concubinage Property Rights Prescription Counterclaim

Case Brief

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Parties

Dodin

Plaintiff

Arrisol

Defendant

Procedural Posture

Civil / Judgment at First Instance; Appeal Dismissed

Legal Issues

  1. 1 Whether the Defendant was unjustly enriched at the Plaintiff's expense under Article 1381-1 of the Civil Code
  2. 2 Whether the Plaintiff is entitled to a share of Parcel C.1059 and the house thereon
  3. 3 Whether the Defendant's counterclaim regarding Parcel S.329 is valid

Ratio Decidendi

The Plaintiff proved actual and ascertainable loss by documentary evidence, entitling her to recover R23,880 from the Defendant as unjust enrichment. No property adjustment is made as the parties were in concubinage. The Defendant's counterclaim fails for lack of proof. Prescription does not apply to the Plaintiff's claim.

Court Disposition

Plaintiff's claim allowed in part; Defendant's counterclaim dismissed

Orders

  • Defendant to pay Plaintiff R23,880 with interest from April 1994 and costs of action
  • No order as to movables; Plaintiff to collect remaining items if desired