Quatre v Ernestine (304 of 2002) [2008] SCSC 14 (12 October 2008)

Quatre v Ernestine (304 of 2002) [2008] SCSC 14 (12 October 2008)

The defendant failed to establish lawful grounds for locking the plaintiff out of the leased flat and did not adduce evidence to support his actions. The court accepts the plaintiff's averment that the defendant committed a legal fault (faute) by summarily evicting him without due process. Damages for loss of accommodation were not awarded due to lack of evidence, but moral damages were awarded.

Citation
[2008] SCSC 14
Parties
Plaintiff: Essay Quatre; Defendant: Leon Ernestine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 October 2008
Case Number
304 of 2002
Procedural Posture
Delictual Action (civil) / Judgment
Outcome
Judgment for the plaintiff in part
Legal Topics
Unlawful Eviction, Damages, Moral Damages, Right of Occupation
Source Language
English
Tort Law Landlord and Tenant Law Unlawful Eviction Damages Moral Damages Right of Occupation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Essay Quatre

Plaintiff

Leon Ernestine

Defendant

Procedural Posture

Delictual Action (civil) / Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully locked the plaintiff out of the leased flat
  2. 2 Whether the plaintiff is entitled to damages for loss of accommodation, stress, inconvenience, and moral damages
  3. 3 Whether the plaintiff is entitled to reinstatement or recovery of personal belongings

Ratio Decidendi

The defendant failed to establish lawful grounds for locking the plaintiff out of the leased flat and did not adduce evidence to support his actions. The court accepts the plaintiff's averment that the defendant committed a legal fault (faute) by summarily evicting him without due process. Damages for loss of accommodation were not awarded due to lack of evidence, but moral damages were awarded.

Court Disposition

Judgment for the plaintiff in part

Orders

  • Defendant to pay plaintiff Rs5000 as cumulative damages for stress, inconvenience, and moral damages
  • Defendant to permit plaintiff to remove personal belongings from the flat