Delpeche v Gregoretti & Anor (CS 4/2004) [2017] SCSC 945 (26 October 2017)

Delpeche v Gregoretti & Anor (CS 4/2004) [2017] SCSC 945 (26 October 2017)

A valid reservation in favour of the vendor was created and maintained in the title deeds and subsequent transfers; such reservation is not subject to prescription as it is akin to an action en revendication. The reserved portion, though not previously identified, can be located based on the evidence of independent surveyors and must be registered in the name of the estate of Donald Delpeche.

Citation
[2017] SCSC 945
Parties
Plaintiff: Monique Delpeche; First Defendant: Marie Ange Gregoretti; Second Defendant: Mary Morel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 October 2017
Case Number
CS 4/2004
Procedural Posture
Civil / Judgment After Remittal From Court of Appeal
Outcome
Judgment for the Plaintiff
Legal Topics
Reservation of Land, Prescription, Co Ownership, Interpretation of Contracts, Partition in Kind
Source Language
English
Property Law Succession Law Reservation of Land Prescription Co Ownership Interpretation of Contracts Partition in Kind

Case Brief

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Parties

Monique Delpeche

Plaintiff

Marie Ange Gregoretti

First Defendant

Mary Morel

Second Defendant

Procedural Posture

Civil / Judgment After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether there was a valid reservation in favour of the vendor created in the transfer of title to the purchaser
  2. 2 Whether the reservation has been transmitted to the beneficiaries of the vendor or prescribed by time

Ratio Decidendi

A valid reservation in favour of the vendor was created and maintained in the title deeds and subsequent transfers; such reservation is not subject to prescription as it is akin to an action en revendication. The reserved portion, though not previously identified, can be located based on the evidence of independent surveyors and must be registered in the name of the estate of Donald Delpeche.

Court Disposition

Judgment for the Plaintiff

Orders

  • Director of Survey to distract the reserved portion from Parcel V1112 as identified on Plan A and register it in the name of the Estate of Donald Delpeche represented by the Executrix.
  • Costs awarded to the Plaintiff.