Ex Parte Lynda Labrosse acting as executor of the Estate of Late Lewis Labrosse (XP 186/2015) [2016] SCSC 190 (18 March 2016)

Ex Parte Lynda Labrosse acting as executor of the Estate of Late Lewis Labrosse (XP 186/2015) [2016] SCSC 190 (18 March 2016)

The court was not convinced that Marcella Bristol freely and voluntarily renounced her shares, and found the application was procedurally irregular as it was commenced by notice of motion rather than by application supported by affidavit.

Citation
[2016] SCSC 190
Parties
Applicant: Lynda Labrosse
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 March 2016
Case Number
XP 186/2015
Procedural Posture
Ex Parte Motion / Ruling on Application
Outcome
Application dismissed
Legal Topics
Testamentary Disposition, Renunciation of Inheritance, Conflict of Interest, Procedural Irregularity
Source Language
English
Succession Law Civil Procedure Testamentary Disposition Renunciation of Inheritance Conflict of Interest Procedural Irregularity

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Parties

Lynda Labrosse

Applicant

Procedural Posture

Ex Parte Motion / Ruling on Application

Legal Issues

  1. 1 Whether Marcella Bristol freely and voluntarily renounced her 20 shares in R & R (Pty) Ltd in favour of the Estate of Lewis Labrosse
  2. 2 Whether the application was properly commenced by way of notice of motion

Ratio Decidendi

The court was not convinced that Marcella Bristol freely and voluntarily renounced her shares, and found the application was procedurally irregular as it was commenced by notice of motion rather than by application supported by affidavit.

Court Disposition

Application dismissed