Samson v Hermitte (XP 187/19) [2020] SCSC 452 (17 February 2020)

The mise a prix was not a gross undervaluation as it exceeded even the respondent's own valuation, and the petition was duly endorsed by the judge as required by law. Both grounds of objection fail.

Citation: [2020] SCSC 452
Parties: Petitioner: Doricia Marieline Samson; Respondent: Daniel Hermitte
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 17 February 2020
Case Number: XP 187/19
Procedural Posture: Petition for Sale by Licitation / Ruling on Objection to Licitation
Outcome: Objections dismissed
Legal Topics: Judicial Sale, Licitation, Objection to Licitation, Valuation of Property
Source Language: English

Property Law Civil Procedure Judicial Sale Licitation Objection to Licitation Valuation of Property

Case Brief

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Parties

Doricia Marieline Samson

Petitioner

Daniel Hermitte

Respondent

Procedural Posture

Petition for Sale by Licitation / Ruling on Objection to Licitation

Legal Issues

1 Whether the mise a prix was a gross undervaluation of the property
2 Whether the mandatory procedures under the Immovable Property (Judicial Sales Act) were complied with

Ratio Decidendi

The mise a prix was not a gross undervaluation as it exceeded even the respondent's own valuation, and the petition was duly endorsed by the judge as required by law. Both grounds of objection fail.

Court Disposition

Objections dismissed

Orders

Objections of the Respondent are dismissed
Cost of objections to be borne by the Respondent