Lesperance v Bastienne (SCA 21 of 2017) [2020] SCCA 1 (24 January 2020)

Lesperance v Bastienne (SCA 21 of 2017) [2020] SCCA 1 (24 January 2020)

The Court of Appeal held that the Chief Justice was correct in modifying the arbitral award under section 207 of the Seychelles Code of Civil Procedure, as the arbitrator had determined matters not referred to him and failed to award damages for breach of fiduciary duty. The appeal was dismissed in its entirety and the Chief Justice’s orders were affirmed.

Citation
[2020] SCCA 1
Parties
Appellant: Peter Lesperance; Respondent: Benny Bastienne
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
24 January 2020
Case Number
SCA 21 of 2017
Procedural Posture
Civil Appeal / Judgment on Appeal From Supreme Court Decision After Arbitration and Objections
Outcome
Appeal dismissed; Supreme Court orders affirmed.
Legal Topics
Executor's Duties, Modification of Arbitral Awards, Damages for Breach of Fiduciary Duty, Delict, Droit De Superficie
Source Language
English
Civil Procedure Succession Law Arbitration Executor's Duties Modification of Arbitral Awards Damages for Breach of Fiduciary Duty Delict Droit De Superficie

Case Brief

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Parties

Peter Lesperance

Appellant

Benny Bastienne

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Supreme Court Decision After Arbitration and Objections

Legal Issues

  1. 1 Whether the Chief Justice erred in modifying the arbitral award under section 207 of the Seychelles Code of Civil Procedure
  2. 2 Whether the arbitrator exceeded his mandate by determining matters not referred to arbitration
  3. 3 Whether damages were properly awarded for breach of fiduciary duty by the executor

Ratio Decidendi

The Court of Appeal held that the Chief Justice was correct in modifying the arbitral award under section 207 of the Seychelles Code of Civil Procedure, as the arbitrator had determined matters not referred to him and failed to award damages for breach of fiduciary duty. The appeal was dismissed in its entirety and the Chief Justice’s orders were affirmed.

Court Disposition

Appeal dismissed; Supreme Court orders affirmed.

Orders

  • Appellant to pay SCR 50,000 as damages to the respondent for the heirs to the estate.
  • All land, namely LD188 and the unsurveyed portion remaining after subdivisions resulting in LD1783, LD1784, and LD1785 (now LD1868 and LD1869), including the land on which the second defendant’s house stands, to be registered as property of the estate of Joachim Roger Lesperance.