Rose v Monnaie & Anor (CS 245/1995) [1997] SCSC 4 (27 January 1997)

Rose v Monnaie & Anor (CS 245/1995) [1997] SCSC 4 (27 January 1997)

If the defendant wishes to prove that permission was given to build, documentary proof is required at this stage; oral evidence is not admissible for this juridical fact if objected to.

Citation
[1997] SCSC 4
Parties
Plaintiff: Rose; Defendant: Monnaie & Or
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 January 1997
Case Number
CS 245/1995
Procedural Posture
Civil / Ruling on Admissibility of Oral Evidence During Examination in Chief
Outcome
Objection sustained; oral evidence of permission to build is inadmissible without documentary proof at this stage.
Legal Topics
Trespass, Admissibility of Evidence, Proof of Consent
Source Language
English
Property Law Law of Evidence Trespass Admissibility of Evidence Proof of Consent

Case Brief

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Parties

Rose

Plaintiff

Monnaie & Or

Defendant

Procedural Posture

Civil / Ruling on Admissibility of Oral Evidence During Examination in Chief

Legal Issues

  1. 1 Whether oral evidence is admissible to prove consent to build on another's land in a trespass case
  2. 2 Whether article 1341 of the Civil Code applies to tort cases

Ratio Decidendi

If the defendant wishes to prove that permission was given to build, documentary proof is required at this stage; oral evidence is not admissible for this juridical fact if objected to.

Court Disposition

Objection sustained; oral evidence of permission to build is inadmissible without documentary proof at this stage.