Sunset Beach (Pty) Ltd v Dorsi Raihl and another (Civil Suit No. 176 of 2011) [2012] SCSC 39 (16 November 2012)

Sunset Beach (Pty) Ltd v Dorsi Raihl and another (Civil Suit No. 176 of 2011) [2012] SCSC 39 (16 November 2012)

The plaint does not disclose a reasonable cause of action as the alleged inconvenience is speculative, not abnormal, and does not amount to actionable nuisance; the plaintiff has no right to exclusive use of the public domain, and the relief sought would violate the defendants' constitutional right to property.

Citation
[2012] SCSC 39
Parties
Plaintiff: Sunset Beach (Pty) Ltd; Defendant: Dorsi Raihl; Defendant: Richard Raihl
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 November 2012
Case Number
Civil Suit No. 176 of 2011
Procedural Posture
Civil Suit / Ruling on Plea in Limine Lites (preliminary Objection)
Outcome
Plaint struck out with costs to the defendants.
Legal Topics
Nuisance, Trouble De Voisinage, Reasonable Cause of Action, Right to Property
Source Language
English
Property Law Civil Procedure Constitutional Law Nuisance Trouble De Voisinage Reasonable Cause of Action Right to Property

Case Brief

Summary, issues, holding and outcome

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Parties

Sunset Beach (Pty) Ltd

Plaintiff

Dorsi Raihl

Defendant

Richard Raihl

Defendant

Procedural Posture

Civil Suit / Ruling on Plea in Limine Lites (preliminary Objection)

Legal Issues

  1. 1 Whether the plaint discloses a reasonable cause of action against the defendants
  2. 2 Whether the plaintiff can restrain the defendants from developing their property based on anticipated nuisance

Ratio Decidendi

The plaint does not disclose a reasonable cause of action as the alleged inconvenience is speculative, not abnormal, and does not amount to actionable nuisance; the plaintiff has no right to exclusive use of the public domain, and the relief sought would violate the defendants' constitutional right to property.

Court Disposition

Plaint struck out with costs to the defendants.

Orders

  • Plaint struck out for disclosing no reasonable cause of action.
  • Costs awarded to the defendants.