Ahwan V Laurence (Civil Side118/2014) [2018] SCSC 8316 (8 November 2018)

The plaintiff, as registered proprietor, is entitled to exclusive enjoyment of the property. The defendant's construction was without consent and unsubstantiated counterclaims cannot succeed in absence of evidence.

Citation: [2018] SCSC 8316
Parties: Plaintiff: John David Ahwan; Defendant: Angeline Laurence
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 8 November 2018
Case Number: Civil Side118/2014
Procedural Posture: Civil / Judgment (ex Parte)
Outcome: Judgment for the plaintiff (ex-parte).
Legal Topics: Mandatory Injunction, Illegal Construction, Ownership Rights, Acquisitive Prescription, Droit De Superficie
Source Language: English

Property Law Mandatory Injunction Illegal Construction Ownership Rights Acquisitive Prescription Droit De Superficie

Case Brief

Summary, issues, holding and outcome

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Parties

John David Ahwan

Plaintiff

Angeline Laurence

Defendant

Procedural Posture

Civil / Judgment (ex Parte)

Legal Issues

1 Whether the defendant illegally constructed a building on the plaintiff's property without consent
2 Whether the plaintiff is entitled to a mandatory injunction for removal and demolition of the building
3 Whether the defendant's counterclaim of acquisitive prescription and droit de superficie has merit

Ratio Decidendi

Court Disposition

Judgment for the plaintiff (ex-parte).

Orders

Writ of mandatory injunction compelling the defendant to remove and demolish the building from the plaintiff's property and vacate the property.
Costs of proceedings awarded to the plaintiff.