Morin & Ors v Barbier (CS 28/2014) [2017] SCSC 270 (23 March 2017)

Morin & Ors v Barbier (CS 28/2014) [2017] SCSC 270 (23 March 2017)

The Plaintiffs’ properties are enclaved as they have no direct access to Fairview Estate Road. The alternative roadway does not provide adequate, suitable, or safe access for the Plaintiffs’ private and business use due to its non-compliance with government regulations on gradient and width, and the presence of dangerous bends and blind spots. The access over land parcel V10414 is suitable, adequate, practical, and provides the shortest and safest route. Plaintiffs are entitled to a right of way over V10414.

Citation
[2017] SCSC 270
Parties
First Plaintiff: Cherubin Morin; Second Plaintiff: Rosina Morin; Third Plaintiff: Jean Pierre Morin; Fourth Plaintiff: Brenda Morin; Fifth Plaintiff: Norbert Dogley; Sixth Plaintiff: Cecile Dogley; Seventh Plaintiff: Will Dogley; Eighth Plaintiff: Robin Dogley; Ninth Plaintiff: Simon Dogley; Tenth Plaintiff: The Estate of the late Leonette Dogley represented by Jemmy Dogley; Eleventh Plaintiff: Johnny Dogley; Twelfth Plaintiff: Gerome Dogley; Thirteenth Plaintiff: Jemmy Etienne; Fourteenth Plaintiff: Franciska Etienne; Fifteenth Plaintiff: Rolly Sinon; Sixteenth Plaintiff: France Sangoire; Seventeenth Plaintiff: Gerina Sangoire; Defendant: Alf Barbier
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 March 2017
Case Number
CS 28/2014
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiffs
Legal Topics
Right of Way, Easements, Enclaved Land, Injunctions
Source Language
English
Property Law Right of Way Easements Enclaved Land Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Cherubin Morin

First Plaintiff

Rosina Morin

Second Plaintiff

Jean Pierre Morin

Third Plaintiff

Brenda Morin

Fourth Plaintiff

Norbert Dogley

Fifth Plaintiff

Cecile Dogley

Sixth Plaintiff

Will Dogley

Seventh Plaintiff

Robin Dogley

Eighth Plaintiff

Simon Dogley

Ninth Plaintiff

The Estate of the late Leonette Dogley represented by Jemmy Dogley

Tenth Plaintiff

Johnny Dogley

Eleventh Plaintiff

Gerome Dogley

Twelfth Plaintiff

Jemmy Etienne

Thirteenth Plaintiff

Franciska Etienne

Fourteenth Plaintiff

Rolly Sinon

Fifteenth Plaintiff

France Sangoire

Sixteenth Plaintiff

Gerina Sangoire

Seventeenth Plaintiff

Alf Barbier

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiffs are entitled to a right of way over Defendant’s land parcel V10414 to access their properties from Fairview Estate Road
  2. 2 Whether the alternative roadway provides adequate access for the Plaintiffs’ private and business use

Ratio Decidendi

The Plaintiffs’ properties are enclaved as they have no direct access to Fairview Estate Road. The alternative roadway does not provide adequate, suitable, or safe access for the Plaintiffs’ private and business use due to its non-compliance with government regulations on gradient and width, and the presence of dangerous bends and blind spots. The access over land parcel V10414 is suitable, adequate, practical, and provides the shortest and safest route. Plaintiffs are entitled to a right of way over V10414.

Court Disposition

Judgment for Plaintiffs

Orders

  • Declaration that each Plaintiff has a right of way over Defendant’s land parcel V10414 along the existing motorable access road to Fairview Estate Road
  • Perpetual injunction restraining Defendant from interfering with, obstructing, or damaging the right of way