Labrosse vs Labrosse (Civil Side No 177 of 2011) [2013] SCSC 145 (15 May 2013)
The term 'seller' in Article 1674 of the Civil Code refers strictly to the seller and does not include heirs or successors; therefore, the plaintiff lacks locus standi. Additionally, there are no sufficiently serious circumstances to warrant an investigation into the sale under Article 1679.
- Citation
- [2013] SCSC 145
- Parties
- Plaintiff: Nelson Labrosse; Defendant: Gitanne Labrosse
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 15 May 2013 23 September 2013 15 May 2013
- Case Number
- Civil Side No 177 of 2011
- Procedural Posture
- Civil / Ruling on Preliminary Objection (plea in Limine Litis)
- Outcome
- Suit dismissed for lack of locus standi.
- Legal Topics
- Locus Standi, Lesion, Interpretation of 'seller', Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nelson Labrosse
Plaintiff
Gitanne Labrosse
Defendant
Procedural Posture
Civil / Ruling on Preliminary Objection (plea in Limine Litis)
Legal Issues
- 1 Whether the plaintiff has locus standi to bring an action for lesion under Article 1674 of the Civil Code
- 2 Whether circumstances exist to warrant an investigation into the sale under Article 1679 of the Civil Code
Ratio Decidendi
The term 'seller' in Article 1674 of the Civil Code refers strictly to the seller and does not include heirs or successors; therefore, the plaintiff lacks locus standi. Additionally, there are no sufficiently serious circumstances to warrant an investigation into the sale under Article 1679.
Court Disposition
Suit dismissed for lack of locus standi.
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