Edmond & Ors v Chetty (MC 7/2019) [2021] SCSC 1029 (25 October 2021)

SUPREME COURT OF SEYCHELLES Reportable [2021] SCSC682 MC7/2019 1st Petitioner 2nd Petitioner 3rd Petitioner In the matter between: Theodore Edmond of Anse Aux Pins, Mahe Lucy Edmond of Anse Aux Pins, Mahe Michel Chetty of Anse Aux Pins, Mahe The estate of late Dauphine Julienne 4th Petitioner Represented by Michel Chetty of Anse Aux Pins, Mahe Rita Victorin (All rep by Mr J Camille) Vs Andre Joseph Chetty of Anse Aux Pins, Mahe (rep by Ms A Benoiton) Respondent Neutral Citation: Before: Summary: Heard: Delivered: Theodore Edmond & Ors v Andre Chetty (MC 7/2019) [2020] scse 682 25 October 2021). Govinden CJ 17 August 2020 25 October 2021 ORDER The COUltorder the division in kind or parcel S 71 and extract the following share entitlement of the patties which shall be merged with their respective adjacent titles; Plot (1) shall be merged and amalgamated with parcel S2730 Plot (2) shall be merged and amalgamated with parcel S1970 and S2729, so as to make one parcel with the three. Plot (3) shall be merged and amalgamated with parcel S471 and Sl27, so as to make one parcel with the three. Plot (4) shall be merged and amalgamated with parcel S1693. Plot (5) shall be merged and amalgamated with parcel S 469. The Respondent shall be compensated for his share on S 71, which comes to SCR 17,804 and also be compensated for inconvenience and loss that he would incur as a result of using alternative access to go to his dwelling house. He shall be compensated in the sum of SCR 60,000 for this. The Petitioners shall accordingly pay to the Respondent the total sum of SCR 77,804 in equal proportions. The Registrar of Lands shall not accept the registration of the aforementioned amalgamation until she is fully satisfied that the Respondent have been compensated in accordance with this decision. A typographical error in the court's previous decision corrected. In the 1st paragraph of page 10, 3rd line from the top, parcel S270 appears, this should read as parcel S 2730. The court applies the "Slip Rule" under Section 147 of the Civil Procedure Code and correct it accordingly. RULING GOVINDENCJ [1] In its decision dated the 13th of May 2021 the COUlt determined that in order do justice to all parties in this case there was a need to transfer portions of S71 that lies parallel and immediately adjacent to each of the respective properties of the petitioners to the petitioners and at the same time for S71 to be valued so that each of the patties contribute in equal shares in the compensation of the Respondent of his undivided share in S71. For this reason I ordered that the Petitioners and the Respondent each produce evidence of the value of the said parcel by an affidavit or a report from a Quantity Surveyor. In accordance to this decision the patties have produced ajoint Quantity Surveyor's Report, [2] The Report, which is made by Ms Thyra Laporte has been placed on record of this court. She has assessed the current market value of S 71 as SCR 89, 020.00. The court will take it that this is the agreed value for the said parcel. [3] For the purpose of this order I attached herewith Exh P2, being the plan Propose subdivision of parcel S71 tendered by the Land Surveyor, M Ah kong, which shall be an annexed to these Orders. This plan has subdivided the parcel into 5 plots and are designated as plot (1) to plot (5). [4] I accordingly make the following orders; [5] I order the division in kind of parcel S 71 and extract the following share entitlement of the parties which shall be merged with their respective adjacent titles; [6] Plot (1) shall be merged and amalgamated with parcel S2730 [7] Plot (2) shall be merged and amalgamated with parcel S1970 and S2729, so as to make one parcel out of the three [8] Plot (3) shall be merged and amalgamated with parcel S471 and S127, so as to make one parcel with the three. [9] Plot (4) shall be merged and amalgamated with parcel S1693. [10] Plot (5) shall be merged and amalgamated with parcel S 469. [11] This will leave the Respondent as the only co-owner of parcel S71 who will not benefit from this division in kind. The cun-ent market value of the share of the Respondent would come to one fifth of SCR 89.020.00, which comes to SCR 17,804. I also order that the Respondent be compensated for any inconvenience and loss that he would incur as a result of using altemative access to go to his dwelling house. He shall be compensated in the sum of SCR 60,000. The Petitioners shall accordingly pay to the Respondent the total sum of SCR 77,804 in equal proportions. [12] The Registrar of Lands shall not accept the registration of the aforementioned amalgamation until she is fully satisfied that the Respondent have been compensated in accordance with this decision. [13] I have noted a typographical error in the court's previous decision. In the 1Sl paragraph of page 10, 3rd line from the top, parcel S270 appears, this should read as S 2730. I apply the "Slip Rule" under Section 147 of the Civil Procedure Code and correct it accordingly. [14] This decision shall be served upon the Registrar of Lands, Mrs Wendy Pierre. Signed, dated and delivered at Ile du Port on the 25th October 2021 Govinden CJ 5