Denis v Bonnelame (CS 91/2015) [2017] SCSC 920 (13 September 2017)
The plaintiff failed to prove all statutory conditions for acquisitive prescription, as her possession was not unequivocal, public, or adverse, and the defendant's tolerance was an act of neighbourliness, not a renunciation of ownership.
- Citation
- [2017] SCSC 920
- Parties
- Plaintiff: Rosy Denis; Defendant: Philippe Sinon Bonnelame
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 13 September 2017
- Case Number
- CS 91/2015
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaint dismissed with costs to the defendant.
- Legal Topics
- Adverse Possession, Acquisitive Prescription
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rosy Denis
Plaintiff
Philippe Sinon Bonnelame
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the plaintiff acquired Parcel C954 by acquisitive prescription (adverse possession) under the Civil Code of Seychelles.
Ratio Decidendi
The plaintiff failed to prove all statutory conditions for acquisitive prescription, as her possession was not unequivocal, public, or adverse, and the defendant's tolerance was an act of neighbourliness, not a renunciation of ownership.
Court Disposition
Plaint dismissed with costs to the defendant.
Orders
- Plaint dismissed with costs.
Full Case Text
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