Barra vs Bristol and others (CS 327.2010) [2014] SCSC 34 (31 January 2014)

Barra vs Bristol and others (CS 327.2010) [2014] SCSC 34 (31 January 2014)

The plaintiff failed to prove sole heirship, did not make full disclosure, and her claim is prescribed under Article 2262 of the Civil Code of Seychelles. The plaint is dismissed with costs.

Citation
[2014] SCSC 34
Parties
Plaintiff: Noella Fulgentia Adrada Barra; First Defendant: Doris Marie Germaine Bristol; Second Defendant: Doreen Azemia (nee Bristol); Third Defendant: The Land Registrar
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 January 2014
Case Number
CS 327.2010
Procedural Posture
Civil / Judgment
Outcome
Plaint dismissed with costs
Legal Topics
Heirship, Land Transfer, Prescription, Faute in Law
Source Language
English
Succession Property Law Civil Procedure Heirship Land Transfer Prescription Faute in Law

Case Brief

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Parties

Noella Fulgentia Adrada Barra

Plaintiff

Doris Marie Germaine Bristol

First Defendant

Doreen Azemia (nee Bristol)

Second Defendant

The Land Registrar

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants committed a faute in transferring land without consent of all heirs
  2. 2 Whether the plaintiff is entitled to damages and registration of land shares
  3. 3 Whether the plaintiff's claim is prescribed by law

Ratio Decidendi

The plaintiff failed to prove sole heirship, did not make full disclosure, and her claim is prescribed under Article 2262 of the Civil Code of Seychelles. The plaint is dismissed with costs.

Court Disposition

Plaint dismissed with costs

Orders

  • Plaint dismissed
  • Plaintiff to pay costs