Edmond & Ors v Chetty & Anor (CS 228/2011) [2017] SCSC 844 (30 March 2017)

Edmond & Ors v Chetty & Anor (CS 228/2011) [2017] SCSC 844 (30 March 2017)

Given the creation of an alternative right of way by the Government, the impracticality and danger of the existing right of way, and the abuse of rights by the First Defendant, the existing right of way on Parcel S71 should be extinguished and substituted with the new access.

Citation
[2017] SCSC 844
Parties
Plaintiff: Theodore Edmond; Plaintiff: Lucy Edmond; Plaintiff: Michel Chetty; Plaintiff: Therese Chetty (Executrix of the Estate of Dauphine Julienne); Plaintiff: Rita Victorin; Defendant: Andre Chetty; Defendant: Government of Seychelles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 March 2017
Case Number
CS 228/2011
Procedural Posture
Civil / Judgment
Outcome
plaintiffs succeed in part
Legal Topics
Right of Way, Servitude, Abuse of Rights, Property Access, Extinction of Servitude
Source Language
English
Property Law Right of Way Servitude Abuse of Rights Property Access Extinction of Servitude

Case Brief

Summary, issues, holding and outcome

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Parties

Theodore Edmond

Plaintiff

Lucy Edmond

Plaintiff

Michel Chetty

Plaintiff

Therese Chetty (Executrix of the Estate of Dauphine Julienne)

Plaintiff

Rita Victorin

Plaintiff

Andre Chetty

Defendant

Government of Seychelles

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the existing right of way on Parcel S71 should be extinguished and substituted with an alternative access.
  2. 2 Whether the First Defendant's refusal to consent to the alternative right of way amounts to an abuse of property rights.

Ratio Decidendi

Given the creation of an alternative right of way by the Government, the impracticality and danger of the existing right of way, and the abuse of rights by the First Defendant, the existing right of way on Parcel S71 should be extinguished and substituted with the new access.

Court Disposition

plaintiffs succeed in part

Orders

  • The existing right of way on Parcel S71 is extinguished.
  • The Plaintiffs and Second Defendant are to make the public motorable access usable within three months and substitute it for the existing right of way.