Magnan v Desaubin (CS 1/2011) [2012] SCSC 11 (29 March 2012)

Magnan v Desaubin (CS 1/2011) [2012] SCSC 11 (29 March 2012)

The plaintiff is entitled to evict the defendant only upon payment of compensation for the value of improvements made by the defendant to her property, as provided under article 555 of the Civil Code of Seychelles. The doctrine of unjust enrichment does not apply as the plaintiff's patrimony was not impoverished....

Source-derived case information.

Citation
[2012] SCSC 11
Parties
Plaintiff: Rosy Magnan; Defendant: Charles Desaubin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 March 2012
Case Number
CS 1/2011
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's action allowed conditionally
Legal Topics
Eviction, Unjust Enrichment, Cohabitation, Compensation for Improvements, Concubinage, Article 555 Civil Code of Seychelles
Source Language
english
Property Law Family Law Civil Procedure Eviction Unjust Enrichment Cohabitation Compensation for Improvements Concubinage +1 more

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Parties

Rosy Magnan

Plaintiff

Charles Desaubin

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant should be evicted from the plaintiff's property
  2. 2 Whether the defendant is entitled to compensation for improvements made to the plaintiff's property
  3. 3 Whether the doctrine of unjust enrichment or article 555 of the Civil Code of Seychelles applies

Ratio Decidendi

The plaintiff is entitled to evict the defendant only upon payment of compensation for the value of improvements made by the defendant to her property, as provided under article 555 of the Civil Code of Seychelles. The doctrine of unjust enrichment does not apply as the plaintiff's patrimony was not impoverished. Equity also requires compensation for improvements before eviction.

Court Disposition

Plaintiff's action allowed conditionally

Orders

  • Plaintiff to pay defendant R 784,488 less 10% for improvements before eviction.
  • Defendant to vacate property one month after receipt of payment.