Faure vs Hoareau and others (Civil Side No. 103 of 2012) [2013] SCSC 64 (10 May 2013)

Faure vs Hoareau and others (Civil Side No. 103 of 2012) [2013] SCSC 64 (10 May 2013)

The plaintiff lacked locus standi to challenge the transfer as she had no legal interest or privity of contract in the property at the time of transfer; therefore, the plaint is dismissed.

Source-derived case information.

Citation
[2013] SCSC 64
Parties
Plaintiff: Marie-France Faure; 1st Defendant: Louis Hoareau; 2nd Defendant: Unknown (Son of 1st Defendant)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 May 2013
Case Number
Civil Side No. 103 of 2012
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
Plaint dismissed
Legal Topics
Locus Standi, Fraudulent Transfer, Cause of Action
Source Language
english
Civil Procedure Property Law Locus Standi Fraudulent Transfer Cause of Action

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Parties

Marie-France Faure

Plaintiff

Louis Hoareau

1st Defendant

Unknown (Son of 1st Defendant)

2nd Defendant

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether the plaintiff has locus standi to challenge the property transfer
  2. 2 Whether the plaint discloses a cause of action based on fraud

Ratio Decidendi

The plaintiff lacked locus standi to challenge the transfer as she had no legal interest or privity of contract in the property at the time of transfer; therefore, the plaint is dismissed.

Court Disposition

Plaint dismissed

Orders

  • Plaint dismissed for lack of locus standi