Property Management Corporation v Florentine (679) [2023] SCSC 679 (12 September 2023)

Property Management Corporation v Florentine (679) [2023] SCSC 679 (12 September 2023)

The Defendant breached the purchase agreement by failing to pay the required monthly instalments, and did not specifically deny the Plaintiff's material allegations. The Plaintiff is therefore entitled to repossess the property and recover charges for beneficial occupancy.

Citation
[2023] SCSC 679
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 September 2023
Case Number
679
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Eviction, Repossession, Beneficial Occupancy Charges
Source Language
English
Contract Law Property Law Breach of Contract Eviction Repossession Beneficial Occupancy Charges

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant breached the purchase agreement by failing to pay monthly instalments
  2. 2 Whether the Plaintiff is entitled to repossess the property and claim charges for beneficial occupancy

Ratio Decidendi

The Defendant breached the purchase agreement by failing to pay the required monthly instalments, and did not specifically deny the Plaintiff's material allegations. The Plaintiff is therefore entitled to repossess the property and recover charges for beneficial occupancy.

Court Disposition

judgment for plaintiff

Orders

  • The Defendant shall pay the sum of SCR 80,274 as charge for beneficial occupancy of the premises with interest at the legal rate from the date of filing.
  • The Defendant shall vacate the house and property at S14-14 at Perseverance, Mahe, with immediate effect.