Cook v Barbe & Ors (NO 20/2016) [2018] SCSC 8298 (18 October 2018)

Cook v Barbe & Ors (NO 20/2016) [2018] SCSC 8298 (18 October 2018)

Plaintiff lacked locus standi as her late father's share in the property was sold prior to his death and thus could not be inherited or bequeathed to her; consequently, she had no legal interest in the property and the plaint was dismissed. Defendants' counterclaim for moral damages was partially allowed due to...

Source-derived case information.

Citation
[2018] SCSC 8298
Parties
Plaintiff: Michelle Cook; Defendant: Leslie Barbe; Defendant: Claudette Barbe
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 October 2018
Case Number
NO 20/2016
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed for lack of locus standi; counterclaim partially allowed.
Legal Topics
Locus Standi, Ownership of Immovable Property, Succession by Will, Lesion, Fraudulent Sale, Counterclaim for Moral Damages
Source Language
english
Property Law Succession Law Civil Procedure Locus Standi Ownership of Immovable Property Succession by Will Lesion Fraudulent Sale +1 more

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Parties

Michelle Cook

Plaintiff

Leslie Barbe

Defendant

Claudette Barbe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has locus standi to claim ownership of the property
  2. 2 Whether the sale of the property was null and void due to lesion or fraud
  3. 3 Whether the Defendants are entitled to moral damages for inconvenience

Ratio Decidendi

Plaintiff lacked locus standi as her late father's share in the property was sold prior to his death and thus could not be inherited or bequeathed to her; consequently, she had no legal interest in the property and the plaint was dismissed. Defendants' counterclaim for moral damages was partially allowed due to inconvenience suffered, but the amount claimed was reduced for lack of sufficient evidence.

Court Disposition

Plaint dismissed for lack of locus standi; counterclaim partially allowed.

Orders

  • Plaint dismissed as against both Defendants for lack of locus standi.
  • Plaintiff to pay Defendants Seychelles Rupees 20,000 as moral damages.