Marie v Radegonde and Another (258 of 2006) [2010] SCSC 68 (12 October 2010)

Marie v Radegonde and Another (258 of 2006) [2010] SCSC 68 (12 October 2010)

The contract between the parties is binding and cannot be unilaterally revoked by the defendants for personal reasons. The plaintiff performed his obligations, and the defendants' refusal to transfer the property is a breach. The plaintiff is entitled to specific performance.

Citation
[2010] SCSC 68
Parties
Plaintiff: Tommy Marie; Defendant: Jules Radegonde; Defendant: Belle Rose Victor
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 October 2010
Case Number
258 of 2006
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Specific Performance, Breach of Contract, Land Transfer
Source Language
English
Contract Law Property Law Specific Performance Breach of Contract Land Transfer

Case Brief

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Parties

Tommy Marie

Plaintiff

Jules Radegonde

Defendant

Belle Rose Victor

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to specific performance of the contract for sale of land title PR 3308
  2. 2 Whether the defendants can unilaterally revoke the promise of sale due to personal need for the property

Ratio Decidendi

The contract between the parties is binding and cannot be unilaterally revoked by the defendants for personal reasons. The plaintiff performed his obligations, and the defendants' refusal to transfer the property is a breach. The plaintiff is entitled to specific performance.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff is entitled to specific performance of the contract for transfer of land title PR 3308.
  • Defendants to jointly execute the transfer deed within 6 weeks or pay the entire costs of the action to the plaintiff.