Barbe v Esparon (CS 159/2019) [2020] SCSC 574 (31 July 2020)

Barbe v Esparon (CS 159/2019) [2020] SCSC 574 (31 July 2020)

The Defendant's occupation was permissive and thus cannot give rise to acquisitive prescription; the plaint discloses a reasonable cause of action; and the requirements for res judicata are not fully satisfied as the causes of action are not the same. All preliminary objections are dismissed and the case is to...

Source-derived case information.

Citation
[2020] SCSC 574
Parties
Plaintiff: Hercule Barbe; Defendant: Ginette Esparon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 July 2020
Case Number
CS 159/2019
Procedural Posture
Civil / Ruling on Preliminary Objections (pleas in Limine Litis)
Outcome
All preliminary objections dismissed; case to proceed on merits.
Legal Topics
Acquisitive Prescription, Droit De Superficie, Frivolous and Vexatious Pleadings, Res Judicata
Source Language
english
Property Law Civil Procedure Acquisitive Prescription Droit De Superficie Frivolous and Vexatious Pleadings Res Judicata

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Parties

Hercule Barbe

Plaintiff

Ginette Esparon

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections (pleas in Limine Litis)

Legal Issues

  1. 1 Whether the Plaintiff's action is prescribed by law (acquisitive prescription)
  2. 2 Whether the plaint is frivolous and vexatious and discloses no reasonable cause of action
  3. 3 Whether the matter is res judicata due to previous proceedings

Ratio Decidendi

The Defendant's occupation was permissive and thus cannot give rise to acquisitive prescription; the plaint discloses a reasonable cause of action; and the requirements for res judicata are not fully satisfied as the causes of action are not the same. All preliminary objections are dismissed and the case is to proceed on the merits.

Court Disposition

All preliminary objections dismissed; case to proceed on merits.

Orders

  • Pleas in limine litis dismissed
  • Case to be heard on the merits