Moncherry v Anacoura (CS 102/2018) [2020] SCSC 502 (14 May 2020)

Moncherry v Anacoura (CS 102/2018) [2020] SCSC 502 (14 May 2020)

The Plaintiff was not denied access to the property and retained her usufructuary rights; her own conduct contributed to the breakdown of relations. The Defendant did not breach any statutory duty. The Plaintiff's claims were unsupported by evidence and thus the case was not maintainable in law or on facts.

Citation
[2020] SCSC 502
Parties
Plaintiff: Suzanne Moncherry; Defendant: Julie Annacoura
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 May 2020
Case Number
CS 102/2018
Procedural Posture
Civil Suit / Judgment
Outcome
Plaint dismissed with costs to the Defendant.
Legal Topics
Usufruct, Bare Ownership, Statutory Rights, Harassment, Injunctions
Source Language
English
Property Law Usufruct Bare Ownership Statutory Rights Harassment Injunctions

Case Brief

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Parties

Suzanne Moncherry

Plaintiff

Julie Annacoura

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the Defendant breached the Plaintiff's usufructuary rights
  2. 2 Whether the Plaintiff is entitled to damages and injunctions for alleged harassment and denial of access

Ratio Decidendi

The Plaintiff was not denied access to the property and retained her usufructuary rights; her own conduct contributed to the breakdown of relations. The Defendant did not breach any statutory duty. The Plaintiff's claims were unsupported by evidence and thus the case was not maintainable in law or on facts.

Court Disposition

Plaint dismissed with costs to the Defendant.

Orders

  • Plaintiff to desist all forms of insults and harassment against the Defendant.
  • Plaintiff to pay costs of the suit to the Defendant.