Nicette v Payet (CS 19/2014) [2021] SCSC 930 (28 June 2021)

Nicette v Payet (CS 19/2014) [2021] SCSC 930 (28 June 2021)

Defendant's possession was interrupted by written acknowledgment of Plaintiff's rights in 2011, falling short of 20 years required for acquisitive prescription; possession was not peaceful due to contestation by Plaintiff's father; Defendant acted in bad faith; Plaintiff entitled to mandatory injunction for...

Source-derived case information.

Citation
[2021] SCSC 930
Parties
Plaintiff: Joan Nicette; Defendant: Cyril Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 June 2021
Case Number
CS 19/2014
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; Defendant's counterclaim dismissed.
Legal Topics
Encroachment, Acquisitive Prescription, Boundary Dispute, Demolition Orders
Source Language
english
Property Law Civil Procedure Encroachment Acquisitive Prescription Boundary Dispute Demolition Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joan Nicette

Plaintiff

Cyril Payet

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant acquired ownership of part of Parcel V1184 and V2297 through acquisitive prescription
  2. 2 Whether the Defendant's possession was continuous, uninterrupted, peaceful, public, unequivocal, and as owner for 20 years
  3. 3 Whether the Plaintiff is entitled to demolition of the encroaching structures

Ratio Decidendi

Defendant's possession was interrupted by written acknowledgment of Plaintiff's rights in 2011, falling short of 20 years required for acquisitive prescription; possession was not peaceful due to contestation by Plaintiff's father; Defendant acted in bad faith; Plaintiff entitled to mandatory injunction for demolition of encroaching structures.

Court Disposition

Plaintiff's claim allowed; Defendant's counterclaim dismissed.

Orders

  • Mandatory injunction compelling Defendant to demolish boundary wall, septic tank, and part of house encroaching on parcel V1184 within six months, failing which Plaintiff may remove at Defendant's cost.
  • Prohibitory injunction against Defendant and agents from trespassing or encroaching on parcels V1184 and V2297.