Albert v Savy and another (9 of 2004) [2006] SCSC 36 (14 November 2006)

Albert v Savy and another (9 of 2004) [2006] SCSC 36 (14 November 2006)

Ownership of bare land by the tenant's wife does not disqualify the tenant from registration as a statutory tenant, as 'residence' refers to a house or home, not bare land. The Tribunal's decision is upheld, but the extent of land to be granted must be limited to the statutory minimum.

Citation
[2006] SCSC 36
Parties
Appellant: Philipe Albert; Respondent: Allain Savy; Respondent: Vincent Savy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 November 2006
Case Number
9 of 2004
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with variation
Legal Topics
Statutory Tenancy, Security of Tenure, Ownership of Land by Spouse, Rights of Purchasers in Good Faith, Extent of Land for Statutory Tenant
Source Language
English
Land Law Tenancy Law Statutory Tenancy Security of Tenure Ownership of Land by Spouse Rights of Purchasers in Good Faith Extent of Land for Statutory Tenant

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Parties

Philipe Albert

Appellant

Allain Savy

Respondent

Vincent Savy

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether ownership of bare land by tenant's spouse disqualifies tenant from registration as statutory tenant
  2. 2 Whether the Tribunal followed the correct procedure under the Act
  3. 3 Whether the extent of land claimed by the tenant exceeds statutory limits

Ratio Decidendi

Ownership of bare land by the tenant's wife does not disqualify the tenant from registration as a statutory tenant, as 'residence' refers to a house or home, not bare land. The Tribunal's decision is upheld, but the extent of land to be granted must be limited to the statutory minimum.

Court Disposition

appeal dismissed with variation

Orders

  • Registrar of Tenants Rights to determine and limit the extent of land to the statutory minimum under Section 21 of the Act
  • No order as to costs