Adela v Adela (CS 97 of 2020) [2023] SCSC 135 (21 February 2023)

Adela v Adela (CS 97 of 2020) [2023] SCSC 135 (21 February 2023)

The plaintiff is entitled to seek eviction as the registered owner, but the defendant, as a good faith constructor, is entitled to compensation for proven improvements under Article 555 of the Civil Code. No enforceable agreement for subdivision existed as it was not written and registered. The defendant must vacate after compensation is paid, and both parties partially succeed in their claims.

Citation
[2023] SCSC 135
Parties
Plaintiff: Simone Adela; Defendant: Betty Adela
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 February 2023
Case Number
CS 97 of 2020
Procedural Posture
Civil / Judgment
Outcome
Both plaint and counterclaim partially succeed.
Legal Topics
Eviction, Specific Performance, Compensation for Improvements, Good Faith Occupation, Subdivision of Land
Source Language
English
Property Law Contract Law Civil Procedure Eviction Specific Performance Compensation for Improvements Good Faith Occupation Subdivision of Land

Case Brief

Summary, issues, holding and outcome

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Parties

Simone Adela

Plaintiff

Betty Adela

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant can be evicted from the plaintiff's property
  2. 2 Whether there was an enforceable agreement for subdivision and transfer of land
  3. 3 Whether the defendant is a good faith constructor (tiers de bonne foi) entitled to compensation

Ratio Decidendi

The plaintiff is entitled to seek eviction as the registered owner, but the defendant, as a good faith constructor, is entitled to compensation for proven improvements under Article 555 of the Civil Code. No enforceable agreement for subdivision existed as it was not written and registered. The defendant must vacate after compensation is paid, and both parties partially succeed in their claims.

Court Disposition

Both plaint and counterclaim partially succeed.

Orders

  • Defendant and her agents to vacate property S4542 after plaintiff pays SCR 25,000 for home improvements.
  • Defendant given six months from judgment to find alternative accommodation.