Georges v Benoit & Or (MA 336/2016) [2017] SCSC 102 (29 January 2017)

The court found that more harm would result from refusing the injunction than granting it, and that granting the injunction and inhibition would preserve the status quo until the main suit is resolved.

Citation: [2017] SCSC 102
Parties: Plaintiff: Marie Rosine Georges; First Defendant: Clifford Benoit; Second Defendant: Land Registrar
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 29 January 2017
Case Number: MA 336/2016
Procedural Posture: Civil Application / Interlocutory (injunction and Inhibition Order Pending Main Suit)
Outcome: Application for injunction and inhibition granted
Legal Topics: Injunctions, Land Registration, Right of Way, Forgery
Source Language: English

Civil Procedure Property Law Injunctions Land Registration Right of Way Forgery

Case Brief

Summary, issues, holding and outcome

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Parties

Marie Rosine Georges

Plaintiff

Clifford Benoit

First Defendant

Land Registrar

Second Defendant

Procedural Posture

Civil Application / Interlocutory (injunction and Inhibition Order Pending Main Suit)

Legal Issues

1 Whether an injunction should be granted to prevent dealings with parcel V16827
2 Whether an order of inhibition should be issued under section 76 of the Land Registration Act

Ratio Decidendi

Court Disposition

Application for injunction and inhibition granted

Orders

Writ of injunction issued against parcel V16827 prohibiting use of right of way over parcels V3849 and V6494
Order of inhibition against parcel V16827 until final disposal of suit CS95 of 2016 or further court order