Denousse v Dixie (CS 20/2017) [2019] SCSC 1227 (30 June 2019)

Denousse v Dixie (CS 20/2017) [2019] SCSC 1227 (30 June 2019)

The plaintiff failed to prove entitlement to a right of way over the defendant's property by usage or law, as her land's enclavement resulted from subdivision and alternative access exists. No abuse of process was found as previous suits were not litigated on merits.

Citation
[2019] SCSC 1227
Parties
Plaintiff: Maryline Denousse; Defendant: Germaine Dixie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 June 2019
Case Number
CS 20/2017
Procedural Posture
Civil Suit / Judgment
Outcome
Plaint dismissed
Legal Topics
Easement, Right of Way, Abuse of Process, Land Subdivision
Source Language
English
Property Law Easement Right of Way Abuse of Process Land Subdivision

Case Brief

Summary, issues, holding and outcome

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Parties

Maryline Denousse

Plaintiff

Germaine Dixie

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a right of way over the defendant's property by virtue of twenty years' usage
  2. 2 Whether the plaint constitutes an abuse of process due to previous similar suits

Ratio Decidendi

The plaintiff failed to prove entitlement to a right of way over the defendant's property by usage or law, as her land's enclavement resulted from subdivision and alternative access exists. No abuse of process was found as previous suits were not litigated on merits.

Court Disposition

Plaint dismissed

Orders

  • The application for the right of way is dismissed