Teofilo v Marie (91 of 2007) [2009] SCSC 69 (23 September 2009)

Teofilo v Marie (91 of 2007) [2009] SCSC 69 (23 September 2009)

The respondent was only a licensee due to her relationship with a previous intended purchaser and has no legal right or title to the property. The applicant is the lawful owner by registered transfer deed. The respondent's continued occupation is illegal after revocation of the license, and she has no serious or bona fide defence to resist eviction.

Citation
[2009] SCSC 69
Parties
Applicant: Romeo Teofilo Simeon; Respondent: Danette Louis Marie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 September 2009
Case Number
91 of 2007
Procedural Posture
Civil / Ruling on Application for Writ Habere Facias Possessionem
Outcome
Application allowed. Writ granted.
Legal Topics
Possession, Eviction, Licenses, Title to Land
Source Language
English
Property Law Civil Procedure Possession Eviction Licenses Title to Land

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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Romeo Teofilo Simeon

Applicant

Danette Louis Marie

Respondent

Procedural Posture

Civil / Ruling on Application for Writ Habere Facias Possessionem

Legal Issues

  1. 1 Whether the respondent has any legal right or interest to occupy the property after revocation of license
  2. 2 Whether the applicant is entitled to a writ Habere Facias Possessionem for eviction of the respondent

Ratio Decidendi

The respondent was only a licensee due to her relationship with a previous intended purchaser and has no legal right or title to the property. The applicant is the lawful owner by registered transfer deed. The respondent's continued occupation is illegal after revocation of the license, and she has no serious or bona fide defence to resist eviction.

Court Disposition

Application allowed. Writ granted.

Orders

  • Respondent to leave, quit and vacate the house situated on Title V1408 at Mont Buxton, Mahé on or before 31st December, 2009 and deliver vacant possession to the applicant.
  • No order as to costs.