Paul Alfred Charles Moulinie v Government of Seychelles & A.G (SCA 40 of 2013) [2016] SCCA 26 (9 December 2016)
The appellant is entitled to compensation for the appropriated land at the fair market value determined by the expert panel as at August 2011, amounting to SR36.8 million.
Source-derived case information.
- Citation
- [2016] SCCA 26
- Parties
- Appellant: Paul Alfred Charles Moulinie; Respondent: Government of Seychelles; Respondent: Attorney General
- Court
- Court of Appeal
- Jurisdiction
- Seychelles
- Case Number
- SCA 40 of 2013
- Procedural Posture
- Constitutional Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Compensation for Land Appropriation, Quantum of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Alfred Charles Moulinie
Appellant
Government of Seychelles
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Appeal / Judgment
Legal Issues
- 1 What is the fair market value of the appropriated property as at August 2011?
- 2 Is the appellant entitled to compensation for land appropriated by the government?
Ratio Decidendi
The appellant is entitled to compensation for the appropriated land at the fair market value determined by the expert panel as at August 2011, amounting to SR36.8 million.
Court Disposition
appeal allowed in part
Orders
- Respondent to pay appellant SR36.8 million as compensation for appropriated land
- Respondent to pay costs, including expert costs of SR147,200
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SEYCHELLES COURT OF APPEAL [Coram: S. Domah (J. A) ,A. Fernando (J. A) ,M. Twomey (J. A)] Constitutional Appeal SCA CP 40/2013 (Appeal from Constitutional Court Decision 11/2010) Paul Alfred Charles Moulinie Appellant Versus Government of Seychelles Attorney General Respondents Heard: 28 November 2016 Counsel: Mr. P. Boulle for Appellant Mr. J. Chinnasamy for Respondent Delivered: 09 December 2016 JUDGMENT S. Domah (J. A) (1) This matter heard on 11 April 2016 was put for disposal to be determined on the quantum to be arrived at by a panel of three experts chosen by the Court. (2) The panel comprised Messrs Daniel Blackburn, Hubert Alton and Patrick Lablache and through their joint efforts have duly produced a joint report for the benefit of the court on the fair market value of the property as at the time of the claim i.e. August 2011. The total market value of the items 1 and 2 is given as SR36.8m (Thirty-six Million Eight Hundred Thousand Seychelles Rupees. (3) We accordingly order that the Respondent pays the Appellant the sum of 36.8m Seychelles Rupees as compensation for the land appropriated by Government. With costs. Interest to run at the legal rate from the date of the judgment to the time of payment. (4) The costs mentioned above include costs of each of the experts: i.e. Rupees One hundred and forty-seven thousand two hundred (Rs.147,200/-). S. Domah (J. A) I concur:. I concur:. …………………. …………………. A. Fernando (J. A) M. Twomey (J. A) Signed, dated and delivered at Ile du Port on 09 December 2016 2