Sinon v Wang (CS 22/2019) [2021] SCSC 838 (18 January 2021)

Sinon v Wang (CS 22/2019) [2021] SCSC 838 (18 January 2021)

The encroachment was minimal (53 sqm), the defendant acted in good faith, and demolition would cause disproportionate hardship. Compensation is appropriate and moral damages are not awarded as not proven.

Citation
[2021] SCSC 838
Parties
Plaintiff: Lydia Sinon; Defendant: Aqin Wang
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 January 2021
Case Number
CS 22/2019
Procedural Posture
Civil / Judgment
Outcome
Plaint partially granted
Legal Topics
Encroachment, Damages, Compensation, Demolition, Moral Damages
Source Language
English
Property Law Tort Law Encroachment Damages Compensation Demolition Moral Damages

Case Brief

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Parties

Lydia Sinon

Plaintiff

Aqin Wang

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully encroached on the plaintiff's property
  2. 2 Whether the plaintiff is entitled to compensation, demolition, and/or moral damages

Ratio Decidendi

The encroachment was minimal (53 sqm), the defendant acted in good faith, and demolition would cause disproportionate hardship. Compensation is appropriate and moral damages are not awarded as not proven.

Court Disposition

Plaint partially granted

Orders

  • Defendant to pay plaintiff SCR95,000 as compensation for encroachment on title No. H 3125
  • No award for moral damages