Marie v Boniface (CS 19/2016) [2018] SCSC 8035 (16 January 2018)

The plaintiff proved the existence of a valid contract for the sale of land, performed his obligations by paying the full purchase price, and the defendant breached the contract by failing to transfer the property. The plaintiff is therefore entitled to specific performance.

Citation: [2018] SCSC 8035
Parties: Plaintiff: Maxime Marie; Defendant: Marie-Therese Boniface
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 16 January 2018
Case Number: CS 19/2016
Procedural Posture: Civil / Judgment After Ex Parte Hearing
Outcome: Judgment for the plaintiff
Legal Topics: Specific Performance, Sale of Land, Breach of Contract
Source Language: English

Contract Law Property Law Specific Performance Sale of Land Breach of Contract

Case Brief

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Parties

Maxime Marie

Plaintiff

Marie-Therese Boniface

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

1 Whether there was a valid contract for the sale of land between the parties
2 Whether the defendant breached the contract by failing to transfer the property
3 Whether the plaintiff is entitled to specific performance

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Declaration that the plaintiff is entitled to have parcel PR4486 transferred to him by the defendant
Order for the defendant to execute the transfer deed for PR4486 within 6 weeks or pay the entire costs of the action