Bradburn v Amede (CS 41/2017) [2020] SCSC 620 (30 September 2020)

Bradburn v Amede (CS 41/2017) [2020] SCSC 620 (30 September 2020)

The plaintiff failed to prove exclusive, continuous, and unequivocal possession of Parcel V5030 in the capacity of owner, as her occupation was as a co-heir and licensee of her father, not as owner animo domini. The interruption of possession by the fire and lack of exclusive control defeated the claim for acquisitive prescription.

Citation
[2020] SCSC 620
Parties
Plaintiff: Judane Bradburn; Defendant: George Amedé; Defendant: David Amedé; Defendant: Jerrilia Guy; Defendant: Nancy Ragain; Defendant: Elizabeth Agricole; Defendant: Estate of Jean Amedé; Defendant: Estate of Julienne Croise
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 September 2020
Case Number
CS 41/2017
Procedural Posture
Civil Suit / Judgment
Outcome
Plaint dismissed with costs.
Legal Topics
Acquisitive Prescription, Co Ownership, Exclusive Possession
Source Language
English
Property Law Acquisitive Prescription Co Ownership Exclusive Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Judane Bradburn

Plaintiff

George Amedé

Defendant

David Amedé

Defendant

Jerrilia Guy

Defendant

Nancy Ragain

Defendant

Elizabeth Agricole

Defendant

Estate of Jean Amedé

Defendant

Estate of Julienne Croise

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff acquired ownership of Parcel V5030 by acquisitive prescription
  2. 2 Whether the plaintiff's possession was exclusive, continuous, and in the capacity of owner as required by law

Ratio Decidendi

The plaintiff failed to prove exclusive, continuous, and unequivocal possession of Parcel V5030 in the capacity of owner, as her occupation was as a co-heir and licensee of her father, not as owner animo domini. The interruption of possession by the fire and lack of exclusive control defeated the claim for acquisitive prescription.

Court Disposition

Plaint dismissed with costs.

Orders

  • The plaint is dismissed with costs.