Esparon v Monthy (436 of 1998) [2010] SCSC 71 (6 October 2010)

The plaintiff is entitled to sole ownership of the property due to her substantially higher contribution to the purchase price and loan repayments; the defendant is to be compensated for his proven contributions.

Citation: [2010] SCSC 71
Parties: Plaintiff: Mirenda Esparon; Defendant: Alexis Monthy
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 6 October 2010
Case Number: 436 of 1998
Procedural Posture: Civil / Judgment
Outcome: Plaintiff granted sole ownership; defendant to be compensated for contributions; counterclaim dismissed.
Legal Topics: Co Ownership, Division of Property After Cohabitation, Contribution to Property, Compensation for Interest in Property
Source Language: English

Property Law Family Law Co Ownership Division of Property After Cohabitation Contribution to Property Compensation for Interest in Property

Case Brief

Summary, issues, holding and outcome

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Parties

Mirenda Esparon

Plaintiff

Alexis Monthy

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Who is entitled to sole ownership of the co-owned property after the end of cohabitation?
2 What compensation, if any, is due to the co-owner for contributions made towards the property?

Ratio Decidendi

Court Disposition

Plaintiff granted sole ownership; defendant to be compensated for contributions; counterclaim dismissed.

Orders

Plaintiff declared sole owner of Title H2557, Glacis, Mahé.
Plaintiff to pay defendant Rs. 70,000 as compensation within four months.