Etienne v Florentine (CS 23/2016) [2018] SCSC 8238 (31 July 2018)

Etienne v Florentine (CS 23/2016) [2018] SCSC 8238 (31 July 2018)

The Defendant unlawfully encroached on the Plaintiff’s property by constructing a road without consent. There was no express or implied agreement granting a right of way, and an alternative access exists. The Plaintiff is entitled to removal of the encroachment and compensatory damages. The Defendant’s counterclaim is dismissed.

Citation
[2018] SCSC 8238
Parties
Plaintiff: Robert Etienne; Defendant: Wilna Marie-Ange Florentine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 July 2018
Case Number
CS 23/2016
Procedural Posture
Civil / Judgment
Outcome
Plaint granted; counterclaim dismissed
Legal Topics
Encroachment, Trespass, Damages, Right of Way, Counterclaim
Source Language
English
Property Law Tort Law Encroachment Trespass Damages Right of Way Counterclaim

Case Brief

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Parties

Robert Etienne

Plaintiff

Wilna Marie-Ange Florentine

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant unlawfully encroached on the Plaintiff’s property by constructing a road without consent
  2. 2 Whether the Defendant is entitled to a right of way due to enclavement
  3. 3 Whether the Plaintiff is entitled to damages for trespass, loss of use, and moral damages

Ratio Decidendi

The Defendant unlawfully encroached on the Plaintiff’s property by constructing a road without consent. There was no express or implied agreement granting a right of way, and an alternative access exists. The Plaintiff is entitled to removal of the encroachment and compensatory damages. The Defendant’s counterclaim is dismissed.

Court Disposition

Plaint granted; counterclaim dismissed

Orders

  • Defendant to demolish and remove the encroaching concrete road as per site plan Exhibit P2
  • Plaintiff awarded SR 25,000 for unlawful trespass and encroachment and loss of use and enjoyment