Auksorius vs Jeannie and another (Civil Side No: 226 of 2008) [2013] SCSC 29 (11 March 2013)

Auksorius vs Jeannie and another (Civil Side No: 226 of 2008) [2013] SCSC 29 (11 March 2013)

The defendants constructed and occupied the house on the land with the acquiescence and permission of the owner, acted in good faith, and their occupation was continuous, uninterrupted, peaceful, public, and unequivocal for over 35 years. Therefore, they have acquired prescriptive rights over the portion of land and house they occupy, and the plaintiff's action is prescribed under the law on prescription of 20 years.

Citation
[2013] SCSC 29
Parties
Plaintiff: Paul Peter Auksorius; Defendant: Mr. Irene Jeannie; Defendant: Mrs. Williana Jeannie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
11 March 2013
Case Number
Civil Side No: 226 of 2008
Procedural Posture
Civil / Judgment
Outcome
plaintiff's claim dismissed
Legal Topics
Adverse Possession, Prescription, Land Ownership, Eviction
Source Language
English
Property Law Adverse Possession Prescription Land Ownership Eviction

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Peter Auksorius

Plaintiff

Mr. Irene Jeannie

Defendant

Mrs. Williana Jeannie

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants have acquired prescriptive rights over the portion of land and house they occupy on parcel S3664
  2. 2 Whether the plaintiff is entitled to an order for the defendants to vacate the property

Ratio Decidendi

The defendants constructed and occupied the house on the land with the acquiescence and permission of the owner, acted in good faith, and their occupation was continuous, uninterrupted, peaceful, public, and unequivocal for over 35 years. Therefore, they have acquired prescriptive rights over the portion of land and house they occupy, and the plaintiff's action is prescribed under the law on prescription of 20 years.

Court Disposition

plaintiff's claim dismissed

Orders

  • Plaintiff's action for eviction is prescribed and declined.
  • Plaintiff to excise the portion of land where the defendants' house and its cartilage is situated and register it in the defendants' names as property acquired by prescription.