Bertin v Emmanuel (CS 02/2015) [2019] SCSC 1133 (22 January 2019)

Bertin v Emmanuel (CS 02/2015) [2019] SCSC 1133 (22 January 2019)

The plaintiff is entitled to recover only the value of his proven financial contributions (SCR 51,500) plus interest, as the property remains solely owned by the defendant and the plaintiff's contributions were not gifts but investments made during cohabitation. No share of the property or its increased value is awarded.

Citation
[2019] SCSC 1133
Parties
Plaintiff: Roga Tien Louis Bertin; Defendant: Didienne Emmanuel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 January 2019
Case Number
CS 02/2015
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff awarded restitution for financial contributions with interest; no share in property granted.
Legal Topics
Unjust Enrichment, Cohabitation, Property Contributions, Restitution
Source Language
English
Family Law Property Law Equity Unjust Enrichment Cohabitation Property Contributions Restitution

Case Brief

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Parties

Roga Tien Louis Bertin

Plaintiff

Didienne Emmanuel

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to a share of the property or restitution for contributions made during cohabitation
  2. 2 Whether unjust enrichment occurred in favour of the defendant

Ratio Decidendi

The plaintiff is entitled to recover only the value of his proven financial contributions (SCR 51,500) plus interest, as the property remains solely owned by the defendant and the plaintiff's contributions were not gifts but investments made during cohabitation. No share of the property or its increased value is awarded.

Court Disposition

Plaintiff awarded restitution for financial contributions with interest; no share in property granted.

Orders

  • Defendant to pay plaintiff SCR 51,500 plus 4% interest per annum from 31 March 2014 until full settlement.
  • Plaintiff awarded costs.