Adonis v Cedras (CS 44/2020) [2021] SCSC 997 (22 September 2021)

Adonis v Cedras (CS 44/2020) [2021] SCSC 997 (22 September 2021)

The Plaintiff failed to prove that the Defendant was a reserved heir or that the transfer exceeded the disposable portion; thus, no donation deguisee was established and the Plaintiff's claim was dismissed.

Source-derived case information.

Citation
[2021] SCSC 997
Parties
Plaintiff: Georgette Adonis; Defendant: Tahiry Mariam Cedras
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 September 2021
Case Number
CS 44/2020
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Donation Deguisee, Reserved Heirs, Disposable Portion, Succession Rights
Source Language
english
Succession Law Property Law Donation Deguisee Reserved Heirs Disposable Portion Succession Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Georgette Adonis

Plaintiff

Tahiry Mariam Cedras

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the transfer of Title V7742 constituted a donation deguisee exceeding the disposable portion to the detriment of a reserved heir
  2. 2 Whether the Defendant qualifies as a reserved heir under the Civil Code

Ratio Decidendi

The Plaintiff failed to prove that the Defendant was a reserved heir or that the transfer exceeded the disposable portion; thus, no donation deguisee was established and the Plaintiff's claim was dismissed.

Court Disposition

Claim dismissed

Orders

  • Each side shall bear their own costs