Didon vs Sinon (Civil Side No: 85 of 2007) [2013] SCSC 22 (13 March 2013)

Didon vs Sinon (Civil Side No: 85 of 2007) [2013] SCSC 22 (13 March 2013)

The Plaintiff has a 2 metre right of way over the Defendant's property as depicted in the official survey plan, and the Defendant must remove obstructions to this right of way. The Plaintiff failed to establish entitlement to moral damages.

Citation
[2013] SCSC 22
Parties
Plaintiff: Sarah Didon; Defendant: Jeanne d’arc Sinon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 March 2013
Case Number
Civil Side No: 85 of 2007
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for right of way and injunction granted; claim for damages dismissed.
Legal Topics
Right of Way, Easements, Injunctions, Damages
Source Language
English
Property Law Civil Procedure Right of Way Easements Injunctions Damages

Case Brief

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Parties

Sarah Didon

Plaintiff

Jeanne d’arc Sinon

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has a right of way over the Defendant's property
  2. 2 Whether the Defendant obstructed the right of way
  3. 3 Whether the Plaintiff is entitled to damages and an injunction

Ratio Decidendi

The Plaintiff has a 2 metre right of way over the Defendant's property as depicted in the official survey plan, and the Defendant must remove obstructions to this right of way. The Plaintiff failed to establish entitlement to moral damages.

Court Disposition

Plaintiff's claim for right of way and injunction granted; claim for damages dismissed.

Orders

  • Defendant to clear the right of way as depicted on the approved survey plan by removing footsteps, retaining wall, and any plantations across the right of way over Parcel H1617.
  • Injunction granted restraining Defendant from placing any further constructions, plantations, or obstructions in the right of way over Parcel H1617.