Lesperance v Vidot (443 of 2006) (443 of 2006) [2007] SCSC 33 (19 July 2007)

Lesperance v Vidot (443 of 2006) (443 of 2006) [2007] SCSC 33 (19 July 2007)

The respondent has an arguable defence regarding her interest in the house, and the disputed issues require determination in a regular action, not summary proceedings for a writ habere facias possessionem.

Citation
[2007] SCSC 33
Parties
Applicant: Jeanne Lesperance; Respondent: Lucine Vidot
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 July 2007
Case Number
443 of 2006
Procedural Posture
Civil / Judgment
Outcome
Application dismissed with costs.
Legal Topics
Eviction, Writ of Habere Facias Possessionem, Ownership Dispute
Source Language
English
Property Law Civil Procedure Eviction Writ of Habere Facias Possessionem Ownership Dispute

Case Brief

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Parties

Jeanne Lesperance

Applicant

Lucine Vidot

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a writ habere facias possessionem to evict the respondent from the property
  2. 2 Whether the respondent has an arguable defence regarding ownership of the house

Ratio Decidendi

The respondent has an arguable defence regarding her interest in the house, and the disputed issues require determination in a regular action, not summary proceedings for a writ habere facias possessionem.

Court Disposition

Application dismissed with costs.

Orders

  • Application for writ habere facias possessionem is dismissed.
  • Applicant to pay costs.