Rath v Laporte (185 of 2003) [2004] SCSC 13 (18 March 2004)

Rath v Laporte (185 of 2003) [2004] SCSC 13 (18 March 2004)

The court ordered the division-in-kind of the properties as per the parties' joint agreement, transferring the St. Louis property to the applicant and granting occupation of the La Retraite property to the respondent.

Citation
[2004] SCSC 13
Parties
Applicant: Maxime Rath; Respondent: Marie Therese Laporte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 March 2004
Case Number
185 of 2003
Procedural Posture
Civil / Order
Outcome
application granted by consent
Legal Topics
Division of Jointly Owned Property, Transfer of Title
Source Language
English
Property Law Division of Jointly Owned Property Transfer of Title

Case Brief

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Parties

Maxime Rath

Applicant

Marie Therese Laporte

Respondent

Procedural Posture

Civil / Order

Legal Issues

  1. 1 Whether the jointly owned properties should be divided in-kind between the applicant and respondent

Ratio Decidendi

The court ordered the division-in-kind of the properties as per the parties' joint agreement, transferring the St. Louis property to the applicant and granting occupation of the La Retraite property to the respondent.

Court Disposition

application granted by consent

Orders

  • Title V.224 situate at St. Louis to be transferred in the sole name of the applicant Maxime Rath
  • Title H.6499 situate at La Retraite, Mahe to be occupied solely by the respondent Marie-Therese Laporte