Pointe v Payet (MA 29/2025 (Arising in DV 16/2024)) [2025] SCSC 107 (13 August 2025)

Pointe v Payet (MA 29/2025 (Arising in DV 16/2024)) [2025] SCSC 107 (13 August 2025)

The applicant failed to satisfy all conditions for an inhibition order over all parcels sought, as most are either company-owned (separate legal personality) or encumbered by charges, negating risk of alienation. However, the applicant established an arguable case and possible beneficial interest in certain parcels registered in the respondent's name, justifying inhibition over those specific properties pending final determination.

Citation
[2025] SCSC 107
Parties
Applicant: Rita, Lydvine Pointe (formerly Payet); Respondent: Gregoire Payet
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 August 2025
Case Number
MA 29/2025 (Arising in DV 16/2024)
Procedural Posture
Notice of Motion (interlocutory Application) / Ruling on Application for Inhibition Order Pending Matrimonial Property Proceedings
Outcome
Application partially allowed
Legal Topics
Matrimonial Property, Inhibition Orders, Corporate Personality, Constructive Trusts
Source Language
English
Family Law Property Law Civil Procedure Matrimonial Property Inhibition Orders Corporate Personality Constructive Trusts

Case Brief

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Parties

Rita, Lydvine Pointe (formerly Payet)

Applicant

Gregoire Payet

Respondent

Procedural Posture

Notice of Motion (interlocutory Application) / Ruling on Application for Inhibition Order Pending Matrimonial Property Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to an inhibition order over parcels of land registered in the respondent's and a third party company's name pending determination of matrimonial property proceedings
  2. 2 Whether the risk of alienation of the properties is established
  3. 3 Whether the doctrine of separate corporate personality precludes inhibition over company-owned land

Ratio Decidendi

The applicant failed to satisfy all conditions for an inhibition order over all parcels sought, as most are either company-owned (separate legal personality) or encumbered by charges, negating risk of alienation. However, the applicant established an arguable case and possible beneficial interest in certain parcels registered in the respondent's name, justifying inhibition over those specific properties pending final determination.

Court Disposition

Application partially allowed

Orders

  • Inhibition order granted over parcels LD 926, LD 927, LD 1014, LD 1350, LD 1061, and LD 1060 until further order of the court.
  • Registrar to serve a copy of the inhibition on the Land Registrar.