Malvina v Bibi & Anor (CS 109/2015) [2017] SCSC 961 (12 November 2017)

Malvina v Bibi & Anor (CS 109/2015) [2017] SCSC 961 (12 November 2017)

The road in question is a public access road and an overriding easement that existed prior to the Plaintiff's acquisition of the land. The Defendants' actions in concreting the road were lawful and did not prejudice the Plaintiff. There was no evidence of damages or obstruction, and the Plaintiff's claim fails as the easement is an overriding interest by law.

Citation
[2017] SCSC 961
Parties
Plaintiff: Marthe Malvina; First Defendant: Bernard Bibi; Second Defendant: The Attorney General (representing the Government of Seychelles)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 November 2017
Case Number
CS 109/2015
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action dismissed with costs.
Legal Topics
Easements, Encroachment, Overriding Interests, Damages, Right of Way
Source Language
English
Property Law Civil Procedure Easements Encroachment Overriding Interests Damages Right of Way

Case Brief

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Parties

Marthe Malvina

Plaintiff

Bernard Bibi

First Defendant

The Attorney General (representing the Government of Seychelles)

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the construction of a concrete road and barriers on the Plaintiff's property constitutes an illegal encroachment or a lawful easement
  2. 2 Whether the Plaintiff is entitled to damages and removal of the road
  3. 3 Whether the acts of the Second Defendant are protected by statute

Ratio Decidendi

The road in question is a public access road and an overriding easement that existed prior to the Plaintiff's acquisition of the land. The Defendants' actions in concreting the road were lawful and did not prejudice the Plaintiff. There was no evidence of damages or obstruction, and the Plaintiff's claim fails as the easement is an overriding interest by law.

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • Plaintiff's action dismissed with costs.
  • No order granted on the First Defendant's counterclaim for right of way as the road is already a public easement.