Chang-Time v Lucas (CS 19/2019) [2021] SCSC 996 (17 September 2021)

Chang-Time v Lucas (CS 19/2019) [2021] SCSC 996 (17 September 2021)

The Plaintiff's surveyors had a statutory right to access the Defendant's land for survey purposes, having complied with legal requirements. The Defendant, through his wife, unlawfully prevented this access, breaching the corresponding legal duty. The Defendant's remedy was to object to the survey results, not to deny access.

Citation
[2021] SCSC 996
Parties
Plaintiff: Roch Chang-Time; Defendant: Aubrey Lucas
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 September 2021
Case Number
CS 19/2019
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's claim allowed
Legal Topics
Land Survey, Access to Land, Injunctions, Boundary Disputes
Source Language
English
Property Law Land Survey Access to Land Injunctions Boundary Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Roch Chang-Time

Plaintiff

Aubrey Lucas

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the Plaintiff's land surveyors have a legal right to access the Defendant's land to carry out survey work
  2. 2 Whether the Defendant unlawfully prevented access to the Plaintiff's surveyors

Ratio Decidendi

The Plaintiff's surveyors had a statutory right to access the Defendant's land for survey purposes, having complied with legal requirements. The Defendant, through his wife, unlawfully prevented this access, breaching the corresponding legal duty. The Defendant's remedy was to object to the survey results, not to deny access.

Court Disposition

Plaintiff's claim allowed

Orders

  • The Defendant must grant access to the Plaintiff’s land surveyors on parcel S227 to carry out survey work.
  • A prohibitory injunction restrains the Defendant and his agents from interfering with survey works by the Plaintiff’s land surveyors on boundary beacons between parcels S227 and S226.