Lesperance v Richmond (430 of 2006) [2010] SCSC 115 (10 November 2010)
The agreement dated 21st April, 2005, signed by the Plaintiff, Defendant, and Mr. Lester Robert, is valid and legally enforceable. The Defendant breached the agreement by blocking the Plaintiff's access, and is liable for specific performance, injunction, and damages.
- Citation
- [2010] SCSC 115
- Parties
- Plaintiff: Gilbert Lesperance; Defendant: Wilfrid Richmond
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 10 November 2010
- Case Number
- 430 of 2006
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for Plaintiff
- Legal Topics
- Specific Performance, Injunction, Right of Way, Damages for Breach of Contract
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gilbert Lesperance
Plaintiff
Wilfrid Richmond
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether there was a valid and subsisting agreement between the parties regarding the right of way
- 2 Whether the Defendant breached the agreement by blocking access
- 3 Whether the Plaintiff is entitled to specific performance, injunction, and damages
Ratio Decidendi
The agreement dated 21st April, 2005, signed by the Plaintiff, Defendant, and Mr. Lester Robert, is valid and legally enforceable. The Defendant breached the agreement by blocking the Plaintiff's access, and is liable for specific performance, injunction, and damages.
Court Disposition
Judgment for Plaintiff
Orders
- Defendant to specifically perform the agreement dated 21st April, 2005
- Injunction restraining Defendant from blocking the 3 metre wide driveway
Full Case Text
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