Lablache & Anor v Vital (CA 2 of 2023) [2023] SCSC 652 (14 August 2023)

Lablache & Anor v Vital (CA 2 of 2023) [2023] SCSC 652 (14 August 2023)

The lease agreement, though initially invalid due to lack of capacity, was ratified by the Appellants' voluntary performance and conduct after the Respondent became sole owner. The Respondent had locus standi to seek eviction as sole owner, and a valid landlord-tenant relationship existed. The Rent Board orders were...

Source-derived case information.

Citation
[2023] SCSC 652
Parties
1st Appellant: Tony Lablache; 2nd Appellant: Philina Lablache; Respondent: Josianne Vitale
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 August 2023
Case Number
CA 2 of 2023
Procedural Posture
Appeal From Rent Board / Judgment
Outcome
Appeal dismissed
Legal Topics
Validity of Lease Agreement, Capacity to Contract, Locus Standi, Eviction, Ratification of Contract
Source Language
english
Contract Law Landlord and Tenant Law Validity of Lease Agreement Capacity to Contract Locus Standi Eviction Ratification of Contract

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Parties

Tony Lablache

1st Appellant

Philina Lablache

2nd Appellant

Josianne Vitale

Respondent

Procedural Posture

Appeal From Rent Board / Judgment

Legal Issues

  1. 1 Whether the lease agreement was invalid for lack of capacity
  2. 2 Whether the Respondent had locus standi to seek eviction
  3. 3 Whether the landlord-tenant relationship existed between the parties

Ratio Decidendi

The lease agreement, though initially invalid due to lack of capacity, was ratified by the Appellants' voluntary performance and conduct after the Respondent became sole owner. The Respondent had locus standi to seek eviction as sole owner, and a valid landlord-tenant relationship existed. The Rent Board orders were correct and appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Rent Board orders affirmed
  • Appellants to pay rent monthly without default