Louise v Maria (MA 259 of 2023) [2024] SCSC 40 (2 April 2024)

Louise v Maria (MA 259 of 2023) [2024] SCSC 40 (2 April 2024)

The applicant demonstrated an arguable case and risk of the property being disposed of to her detriment, and refusal to grant inhibition would render the suit nugatory; the respondent's affidavit was not defective as most averments were within personal knowledge. Good reasons exist to grant inhibition under section 76(1) of the Land Registration Act.

Citation
[2024] SCSC 40
Parties
Applicant: Tasiana Louise; Respondent: Brian Maria
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 April 2024
Case Number
MA 259 of 2023
Procedural Posture
Notice of Motion (interlocutory Application) / Ruling on Application for Inhibition Order Pending Suit
Outcome
Application granted
Legal Topics
Inhibition Orders, Land Registration, Preservation of Property, Interlocutory Relief
Source Language
English
Property Law Civil Procedure Inhibition Orders Land Registration Preservation of Property Interlocutory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Tasiana Louise

Applicant

Brian Maria

Respondent

Procedural Posture

Notice of Motion (interlocutory Application) / Ruling on Application for Inhibition Order Pending Suit

Legal Issues

  1. 1 Whether the applicant is entitled to an inhibition order restraining dealings with parcels V21775 and V21776 pending determination of the main suit
  2. 2 Whether the respondent's affidavit is defective for failing to distinguish between facts based on personal knowledge and those based on information or belief

Ratio Decidendi

The applicant demonstrated an arguable case and risk of the property being disposed of to her detriment, and refusal to grant inhibition would render the suit nugatory; the respondent's affidavit was not defective as most averments were within personal knowledge. Good reasons exist to grant inhibition under section 76(1) of the Land Registration Act.

Court Disposition

Application granted

Orders

  • Order of inhibition issued restraining registration of any dealing with parcels V21775 and V21776 pending determination of CS 17/2022 or further order of the Court
  • Registrar of the Supreme Court to serve a copy of the order on the Registrar of Lands