Simeon v Simeon (MC 07/2020) [2020] SCSC 533 (1 July 2020)
The applicants are the usufructuary and bare owners of Title H 1714, and the respondent has no right to reside in the house; therefore, possession must be restored to the applicants.
Source-derived case information.
- Citation
- [2020] SCSC 533
- Parties
- Applicant: Sonny Simeon; Respondent: Marie-May Simeon
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- MC 07/2020
- Procedural Posture
- Civil Application / Judgment
- Outcome
- Application granted
- Legal Topics
- Writ of Habere Facias Possessionem, Possession of Property, Eviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sonny Simeon
Applicant
Marie-May Simeon
Respondent
Procedural Posture
Civil Application / Judgment
Legal Issues
- 1 Whether the applicants are entitled to a writ habere facias possessionem against the respondent
- 2 Whether the respondent has any right to reside in the property
Ratio Decidendi
The applicants are the usufructuary and bare owners of Title H 1714, and the respondent has no right to reside in the house; therefore, possession must be restored to the applicants.
Court Disposition
Application granted
Orders
- A writ habere facias possessionem is issued against the respondent immediately
- Possession of Title H 1714 is restored to the applicants
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES I{df Reporta ble [2020] SCSC ... MC07/20 APPLICANT In the matter between SONNY SIMEON & OR (rep. by Ms. Karen Domingue) versus MARIE-MA Y SIMEON DEFENDANT Before: Heard: Delivered: Twomey CJ I July 2020 I July 2020 A writ habere facias possessionem is issued against the Respondent of Title H 1714 is restored to the Applicants. immediately and possession ORDER Twomey CJ [1] This is an application for a writ habere facias possessionem against the Respondent. The First Applicant who is the son of the Second Applicant the owners of H 1714. [2] He avers in a supporting affidavit that the Respondent who is the sister and daughter respectfully of the First and Second Applicant has broken into the Second Applicant's house without permission and despite their requests has refused to vacate the same. [3] The Applicants aver and it is also the testimony of the First Applicant that despite seeking police assistance to remove the Respondent, the Respondent has refused to vacate their house. She is verbally abusive, intimidates and threatens the applicants with physical force. [4] The Applicants have further averred that they are in need of their home as they have no alternative accommodation and the Second Applicant is elderly and wishes to move into her home and live in peace. The Applicants have produced land registration documents to support their averments, they have also produced a letter sent to the Respondent to vacate their home. The Respondent was served with the application and has neither answered the application nor put up appearance in Court. [5] I am satisfied that the applicants are the usufructuary and bare owners of Title H 1714, and that the Respondent has no right to reside in the house of the said Title. [6] For these reasons 1 order that a writ habere facias possessionem issue against the Respondent immediately and that possession of Title H 1714 is restored to the Applicants. ated and delivered at lie du Port on I July 2020. M Twomey CJ / ~\ \ I \ \'-.._ 2