Laporte vs Phare (CS 277.2002) [2013] SCSC 73 (4 November 2013)

Laporte vs Phare (CS 277.2002) [2013] SCSC 73 (4 November 2013)

The defendant's retaining wall encroached on the plaintiff's property, and the defendant must remove the encroachment within six months or become liable for damages and removal costs. The claim for damages is dismissed due to mitigating circumstances.

Citation
[2013] SCSC 73
Parties
Plaintiff: Mina Laporte; Defendant: Felix Phare
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
4 November 2013
Case Number
CS 277.2002
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for removal of encroachment allowed; claim for damages dismissed.
Legal Topics
Encroachment, Trespass, Damages, Land Ownership
Source Language
English
Property Law Tort Law Encroachment Trespass Damages Land Ownership

Case Brief

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Parties

Mina Laporte

Plaintiff

Felix Phare

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant's retaining wall encroached on the plaintiff's land
  2. 2 Whether the defendant is liable for damages to the plaintiff's property
  3. 3 Whether the defendant should be ordered to remove the encroaching structure

Ratio Decidendi

The defendant's retaining wall encroached on the plaintiff's property, and the defendant must remove the encroachment within six months or become liable for damages and removal costs. The claim for damages is dismissed due to mitigating circumstances.

Court Disposition

Plaintiff's claim for removal of encroachment allowed; claim for damages dismissed.

Orders

  • Defendant to demolish the retaining wall encroaching on plaintiff's property within 6 months.
  • If not demolished within 6 months, defendant liable for Rs20,000.00 damages plus plaintiff's demolition costs.