Gomme v Maurel and Another (245 of 2001) [2010] SCSC 1 (21 January 2010)

Gomme v Maurel and Another (245 of 2001) [2010] SCSC 1 (21 January 2010)

The plaintiff failed to prove purchase of V6331; oral evidence was inadmissible under Article 1341 of the Civil Code, and no exception applied. There was no evidence of fraud. The matter was res judicata, as the same subject, cause, and parties were involved in a prior suit decided against the plaintiff.

Citation
[2010] SCSC 1
Parties
Plaintiff: George Gomme; Defendant: Gerard Maurel; Defendant: Antonia Harrison
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2010
Case Number
245 of 2001
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed
Legal Topics
Land Registration, Res Judicata, Fraud, Contract of Sale
Source Language
English
Property Law Civil Procedure Land Registration Res Judicata Fraud Contract of Sale

Case Brief

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Parties

George Gomme

Plaintiff

Gerard Maurel

Defendant

Antonia Harrison

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the transfer of plot V6331 to defendant no.2 is null and void for fraud
  2. 2 Whether there was a sale of V6331 to the plaintiff
  3. 3 Whether the suit is res judicata

Ratio Decidendi

The plaintiff failed to prove purchase of V6331; oral evidence was inadmissible under Article 1341 of the Civil Code, and no exception applied. There was no evidence of fraud. The matter was res judicata, as the same subject, cause, and parties were involved in a prior suit decided against the plaintiff.

Court Disposition

Suit dismissed

Orders

  • Plaintiff to pay defendants' costs