Gresle v Sophola & Anor (CS 447/1999) [2002] SCSC 7 (1 July 2002)

Gresle v Sophola & Anor (CS 447/1999) [2002] SCSC 7 (1 July 2002)

The first defendant entered the plaintiff's property after giving prior notice and for a legitimate purpose; there was no evidence of damage or intention to cause harm, and thus no actionable trespass or entitlement to damages was established.

Citation
[2002] SCSC 7
Parties
Plaintiff: Gresle; First Defendant: Jean Sophola; Second Defendant: Second Defendant (Berjaya Hotel)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 July 2002
Case Number
CS 447/1999
Procedural Posture
Delictual Action (tort) / Judgment
Outcome
Plaintiff's action dismissed with costs.
Legal Topics
Trespass to Land, Delictual Liability, Damages
Source Language
English
Tort Law Property Law Trespass to Land Delictual Liability Damages

Case Brief

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Parties

Gresle

Plaintiff

Jean Sophola

First Defendant

Second Defendant (Berjaya Hotel)

Second Defendant

Procedural Posture

Delictual Action (tort) / Judgment

Legal Issues

  1. 1 Whether the entry onto the plaintiff's land constituted actionable trespass
  2. 2 Whether the plaintiff is entitled to damages for trespass and consequential loss

Ratio Decidendi

The first defendant entered the plaintiff's property after giving prior notice and for a legitimate purpose; there was no evidence of damage or intention to cause harm, and thus no actionable trespass or entitlement to damages was established.

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • Plaintiff's suit is dismissed with costs.