Hunt v Denousse (MA 27/2025 (Arising in MC 23/2023)) [2025] SCSC 101 (22 July 2025)

Hunt v Denousse (MA 27/2025 (Arising in MC 23/2023)) [2025] SCSC 101 (22 July 2025)

The Respondent's occupation is unlawful, unauthorised, and in breach of the judgment by consent and court orders. The Applicant is entitled to act unilaterally under Article 1033 of the Civil Code due to the co-executor's failure to act. The Supreme Court has jurisdiction to enforce its own orders and the administration of the estate. The Respondent is a trespasser with no lawful right to remain.

Citation
[2025] SCSC 101
Parties
Applicant: Jane Hunt; Respondent: Christopher Denousse; Co Executor: Anthony Hunt
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 July 2025
Case Number
MA 27/2025 (Arising in MC 23/2023)
Procedural Posture
Eviction Application (estate Administration) / Judgment
Outcome
Application granted with costs
Legal Topics
Eviction, Estate Administration, Co Executors' Powers, Trespass, Jurisdiction
Source Language
English
Succession Law Property Law Civil Procedure Eviction Estate Administration Co Executors' Powers Trespass Jurisdiction

Case Brief

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Parties

Jane Hunt

Applicant

Christopher Denousse

Respondent

Anthony Hunt

Co Executor

Procedural Posture

Eviction Application (estate Administration) / Judgment

Legal Issues

  1. 1 Whether the Respondent's occupation of parcel V4510 is lawful
  2. 2 Whether the Applicant can seek eviction unilaterally as co-executor
  3. 3 Whether the Supreme Court has jurisdiction to order eviction

Ratio Decidendi

The Respondent's occupation is unlawful, unauthorised, and in breach of the judgment by consent and court orders. The Applicant is entitled to act unilaterally under Article 1033 of the Civil Code due to the co-executor's failure to act. The Supreme Court has jurisdiction to enforce its own orders and the administration of the estate. The Respondent is a trespasser with no lawful right to remain.

Court Disposition

Application granted with costs

Orders

  • Respondent to be evicted from the house on parcel V4510 with immediate effect
  • Costs awarded to the Applicant