Ahwan v Guichard (CS 117/2014) [2018] SCSC 8090 (26 February 2018)

Ahwan v Guichard (CS 117/2014) [2018] SCSC 8090 (26 February 2018)

The Plaintiff, as registered proprietor, is entitled to protection from unlawful trespass and construction on his property. The Defendant's absence and lack of evidence rendered his denials and counterclaim unsubstantiated. The mandatory injunction was declined as the building was already destroyed, but a prohibitory injunction was granted to prevent further trespass or construction.

Citation
[2018] SCSC 8090
Parties
Plaintiff: John David Ahwan; Defendant: George Guichard
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 February 2018
Case Number
CS 117/2014
Procedural Posture
Civil / Judgment (ex Parte)
Outcome
Judgment for Plaintiff (ex-parte)
Legal Topics
Injunctions, Trespass, Ownership, Ex Parte Proceedings
Source Language
English
Property Law Civil Procedure Injunctions Trespass Ownership Ex Parte Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

John David Ahwan

Plaintiff

George Guichard

Defendant

Procedural Posture

Civil / Judgment (ex Parte)

Legal Issues

  1. 1 Whether the Defendant unlawfully constructed a building on the Plaintiff's property without consent
  2. 2 Whether the Plaintiff is entitled to injunctive relief and costs

Ratio Decidendi

The Plaintiff, as registered proprietor, is entitled to protection from unlawful trespass and construction on his property. The Defendant's absence and lack of evidence rendered his denials and counterclaim unsubstantiated. The mandatory injunction was declined as the building was already destroyed, but a prohibitory injunction was granted to prevent further trespass or construction.

Court Disposition

Judgment for Plaintiff (ex-parte)

Orders

  • Writ of prohibitory injunction issued against Defendant prohibiting trespass and construction on Parcel H 1952
  • Costs awarded to Plaintiff