Ernesta v Morel (CS 55/2018) [2021] SCSC 841 (21 January 2021)

Ernesta v Morel (CS 55/2018) [2021] SCSC 841 (21 January 2021)

The court found that the plaintiff contributed significantly to the acquisition and development of assets during cohabitation without receiving salary or property rights. Although not all conditions for unjust enrichment were strictly met, the court exercised its equitable powers to award the plaintiff monetary...

Source-derived case information.

Citation
[2021] SCSC 841
Parties
Plaintiff: Gemma Ernesta; Defendant: Roger Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2021
Case Number
CS 55/2018
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff in part
Legal Topics
Unjust Enrichment, Cohabitation, Division of Property, Equitable Remedies
Source Language
english
Family Law Property Law Equity Unjust Enrichment Cohabitation Division of Property Equitable Remedies

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Parties

Gemma Ernesta

Plaintiff

Roger Morel

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a share of assets acquired during cohabitation under unjust enrichment principles
  2. 2 Whether the court can exercise equitable powers to award monetary compensation in the absence of formal property rights

Ratio Decidendi

The court found that the plaintiff contributed significantly to the acquisition and development of assets during cohabitation without receiving salary or property rights. Although not all conditions for unjust enrichment were strictly met, the court exercised its equitable powers to award the plaintiff monetary compensation representing her share of contributions, as denying relief would be unjust.

Court Disposition

judgment for plaintiff in part

Orders

  • The defendant shall pay the plaintiff Seychelles rupees one million (SCR 1,000,000) as her share of contribution.
  • No separate order for moral damages; included in the award.