Lepathy v Labonte (CS 9 of 2020) [2023] SCSC 94 (3 February 2023)

Lepathy v Labonte (CS 9 of 2020) [2023] SCSC 94 (3 February 2023)

The sum to be paid by the plaintiff to the defendant is the value of the defendant’s ¼ share in Title No. T586 at the time of filing the case (27th January 2020), as required by Article 834 of the Civil Code of Seychelles Act, and not the nominal sum paid by the defendant to his transferor.

Citation
[2023] SCSC 94
Parties
Plaintiff: Regina Lepathy; Defendant: Andy Michel Labonte
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 February 2023
Case Number
CS 9 of 2020
Procedural Posture
Civil / Judgment
Outcome
Claim partially allowed
Legal Topics
Co Ownership, Right of Pre Emption, Transfer of Land Share, Interpretation of Statutes
Source Language
English
Property Law Succession Law Co Ownership Right of Pre Emption Transfer of Land Share Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina Lepathy

Plaintiff

Andy Michel Labonte

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the co-owners are required to buy back the share at the price at which it was sold or at the value of the share at the time of the offer under Article 834 of the Civil Code of Seychelles Act.
  2. 2 Whether the defendant qualifies as a 'third party' under Article 834.

Ratio Decidendi

The sum to be paid by the plaintiff to the defendant is the value of the defendant’s ¼ share in Title No. T586 at the time of filing the case (27th January 2020), as required by Article 834 of the Civil Code of Seychelles Act, and not the nominal sum paid by the defendant to his transferor.

Court Disposition

Claim partially allowed

Orders

  • Plaintiff to pay defendant the value of the ¼ share in Title No. T586 as at 27th January 2020, with plaintiff to bear the costs and dues of the transfer.
  • Each party to bear their own costs of the proceedings.