Morin v Pool (CS 259/1999) [2002] SCSC 3 (13 March 2002)

Morin v Pool (CS 259/1999) [2002] SCSC 3 (13 March 2002)

The amendment to paragraph 2 of the plaint does not introduce a new or separate cause of action but clarifies the basis for the right of way claimed. The cause of action remains unchanged and is based on the alleged blockage of an existing right of way.

Citation
[2002] SCSC 3
Parties
Plaintiff: Morin; Defendant: Pool
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 March 2002
Case Number
CS 259/1999
Procedural Posture
Civil / Ruling on Application to Amend Plaint
Outcome
Amendment to plaint allowed
Legal Topics
Amendment of Pleadings, Right of Way, Enclaved Property, Easements
Source Language
English
Civil Procedure Property Law Amendment of Pleadings Right of Way Enclaved Property Easements

Case Brief

Summary, issues, holding and outcome

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Parties

Morin

Plaintiff

Pool

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Plaint

Legal Issues

  1. 1 Whether the amendment to the plaint introduces a new cause of action
  2. 2 Whether the Plaintiff's property is enclaved justifying a right of way under Article 682 of the Civil Code
  3. 3 Whether the amendment is permissible under Section 146 of the Code of Civil Procedure

Ratio Decidendi

The amendment to paragraph 2 of the plaint does not introduce a new or separate cause of action but clarifies the basis for the right of way claimed. The cause of action remains unchanged and is based on the alleged blockage of an existing right of way.

Court Disposition

Amendment to plaint allowed

Orders

  • Amended plaint accepted