David v Mortier (MC08/2018) [2018] SCSC 8124 (25 March 2018)

David v Mortier (MC08/2018) [2018] SCSC 8124 (25 March 2018)

The respondent ceased to be a statutory tenant after notice to quit and refusal of further rent; the tenancy relationship ended, Rent Board jurisdiction is not engaged, and no equivalent legal remedy exists. The applicant is entitled to a writ habere facias possessionem for urgent eviction.

Citation
[2018] SCSC 8124
Parties
Plaintiff: Marquise David; Defendant: Sylvain Mortier
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 March 2018
Case Number
MC08/2018
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Statutory Tenancy, Writ Habere Facias Possessionem, Jurisdiction of Rent Board, Termination of Lease, Urgent Eviction
Source Language
English
Land Law Landlord and Tenant Law Civil Procedure Statutory Tenancy Writ Habere Facias Possessionem Jurisdiction of Rent Board Termination of Lease Urgent Eviction

Case Brief

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Parties

Marquise David

Plaintiff

Sylvain Mortier

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the respondent is a statutory tenant with protection under the Control of Rent and Tenancy Agreements Act
  2. 2 Whether the Supreme Court has jurisdiction to order eviction or if the Rent Board's jurisdiction is exclusive
  3. 3 Whether the applicant is entitled to a writ habere facias possessionem

Ratio Decidendi

The respondent ceased to be a statutory tenant after notice to quit and refusal of further rent; the tenancy relationship ended, Rent Board jurisdiction is not engaged, and no equivalent legal remedy exists. The applicant is entitled to a writ habere facias possessionem for urgent eviction.

Court Disposition

judgment for plaintiff

Orders

  • Respondent to quit, leave and vacate forthwith the premises on Title H1880
  • Failing compliance, a writ habere facias possessionem shall issue forthwith against respondent