Samson v Hermitte (CS 100/2016) [2018] SCSC 8343 (10 December 2018)

Samson v Hermitte (CS 100/2016) [2018] SCSC 8343 (10 December 2018)

The defendant was unjustly enriched by holding joint ownership despite the plaintiff's sole financial contributions; his manual labour and household contributions were insufficient to justify equal shares. The presumption of equal co-ownership was rebutted, and the defendant's share was reduced to reflect his actual contribution.

Citation
[2018] SCSC 8343
Parties
Plaintiff: Doricia Marieline Samson; Defendant: Daniel Hermitte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 December 2018
Case Number
CS 100/2016
Procedural Posture
Civil / Judgment
Outcome
Plaint allowed in part
Legal Topics
Unjust Enrichment, Co Ownership, Concubinage, Division of Property
Source Language
English
Property Law Family Law Unjust Enrichment Co Ownership Concubinage Division of Property

Case Brief

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Parties

Doricia Marieline Samson

Plaintiff

Daniel Hermitte

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was unjustly enriched to the detriment of the plaintiff in relation to jointly owned property acquired during concubinage
  2. 2 Whether the presumption of equal shares in co-ownership can be rebutted based on actual contributions

Ratio Decidendi

The defendant was unjustly enriched by holding joint ownership despite the plaintiff's sole financial contributions; his manual labour and household contributions were insufficient to justify equal shares. The presumption of equal co-ownership was rebutted, and the defendant's share was reduced to reflect his actual contribution.

Court Disposition

Plaint allowed in part

Orders

  • Defendant's share in the property and house is fixed at 35%; plaintiff's share is 65%.
  • Land Registrar to rectify the Land Register for Parcel No. S 2103 accordingly.