Dogley v Camille (MC 96/2019) [2020] SCSC 495 (23 April 2020)

Dogley v Camille (MC 96/2019) [2020] SCSC 495 (23 April 2020)

The petition was dismissed because it failed to plead or pray for any of the legally recognized remedies for division of co-owned property, thus disclosing no cause of action.

Citation
[2020] SCSC 495
Parties
Petitioner: Louis Dogley; Respondent: Helena Camille
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 April 2020
Case Number
MC 96/2019
Procedural Posture
Civil / Plea in Limine; Ruling on Preliminary Objection
Outcome
petition dismissed
Legal Topics
Co Ownership, Division of Property, Plea in Limine, Cause of Action
Source Language
English
Property Law Civil Procedure Co Ownership Division of Property Plea in Limine Cause of Action

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Parties

Louis Dogley

Petitioner

Helena Camille

Respondent

Procedural Posture

Civil / Plea in Limine; Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition discloses a cause of action for division of co-owned property between former concubines
  2. 2 Whether the correct legal procedure was followed for division of property in indivision

Ratio Decidendi

The petition was dismissed because it failed to plead or pray for any of the legally recognized remedies for division of co-owned property, thus disclosing no cause of action.

Court Disposition

petition dismissed

Orders

  • Petition is dismissed for disclosing no cause of action.