Georges v Benoit & Ors (CS 95/2016) [2018] SCSC 8079 (19 February 2018)

Georges v Benoit & Ors (CS 95/2016) [2018] SCSC 8079 (19 February 2018)

The Plaintiff's signature on the grant of easement was forged; the First and Second Defendants, individually or jointly, caused the forgery. The Second Defendant breached his notarial duties by attesting to signatures not made in his presence. The Plaintiff is entitled to damages for inconvenience and moral harm. The grant of easement is to be cancelled.

Citation
[2018] SCSC 8079
Parties
Plaintiff: Marie Rosine Georges; 1st Defendant: Clifford Benoit; 2nd Defendant: Charles Lucas; 3rd Defendant: The Land Registrar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 February 2018
Case Number
CS 95/2016
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff in part; case against Third Defendant dismissed.
Legal Topics
Forgery, Fraud, Notarial Duties, Easement, Damages, Land Registration
Source Language
English
Civil Procedure Property Law Tort/delict Forgery Fraud Notarial Duties Easement Damages +1 more

Case Brief

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Parties

Marie Rosine Georges

Plaintiff

Clifford Benoit

1st Defendant

Charles Lucas

2nd Defendant

The Land Registrar

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff's signature on the grant of easement was forged
  2. 2 Whether the actions of the First and Second Defendants amounted to fraud
  3. 3 Whether the Second Defendant breached notarial duties

Ratio Decidendi

The Plaintiff's signature on the grant of easement was forged; the First and Second Defendants, individually or jointly, caused the forgery. The Second Defendant breached his notarial duties by attesting to signatures not made in his presence. The Plaintiff is entitled to damages for inconvenience and moral harm. The grant of easement is to be cancelled.

Court Disposition

Judgment for Plaintiff in part; case against Third Defendant dismissed.

Orders

  • First and Second Defendants to pay Plaintiff SR20,000 for inconvenience and SR60,000 for moral damage, with costs, jointly and severally.
  • Grant of Easement dated 16 September 2015 and registered on 17 December 2015 to be cancelled; order to be served on Land Registrar.