Lebon & Ano v The Attorney General (XP 05/2018) [2018] SCSC 8319 (13 November 2018)

The grant of the right of way will not affect the use, enjoyment, or development of parcel H430 and may benefit its owners. The petitioners, as fiduciary and guardians, have acted in accordance with their duties, and there is no objection from the Attorney General.

Citation: [2018] SCSC 8319
Parties: Petitioner: Julian Lebon; Petitioner: Sheila Marie; Respondent: Attorney General
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 13 November 2018
Case Number: XP 05/2018
Procedural Posture: Civil Petition / Ruling
Outcome: petition granted
Legal Topics: Easement, Right of Way, Fiduciary Duty, Minors' Property
Source Language: English

Property Law Easement Right of Way Fiduciary Duty Minors' Property

Case Brief

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Parties

Julian Lebon

Petitioner

Sheila Marie

Petitioner

Attorney General

Respondent

Procedural Posture

Civil Petition / Ruling

Legal Issues

1 Whether the court should permit registration of a right of way easement over land parcel H430 in favour of H861
2 Whether the grant of the right of way would prejudice the interests of the minor owners of H430

Ratio Decidendi

Court Disposition

petition granted

Orders

Right of way of 23.5 square meters over parcel H430 in favour of H861 approved as per exhibit P2.
Owner of H861 to bear all costs of the right of way and maintain it in good repair.