Verlaque v Vargiolu (CS 52/2000) [2002] SCSC 10 (23 September 2002)

Verlaque v Vargiolu (CS 52/2000) [2002] SCSC 10 (23 September 2002)

The Plaintiff established a right to draw water from Parcel PR. 311 over the Defendant's land both under the 1977 agreement (an authentic document) and by acquisitive prescription, and the Defendant's interference was unlawful, entitling the Plaintiff to damages and restoration of supply.

Citation
[2002] SCSC 10
Parties
Plaintiff: Verlaque; Defendant: Vargiolu
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 September 2002
Case Number
CS 52/2000
Procedural Posture
Delictual Action / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Easements, Servitudes, Acquisitive Prescription, Damages, Water Rights
Source Language
English
Property Law Tort Law Civil Procedure Easements Servitudes Acquisitive Prescription Damages Water Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Verlaque

Plaintiff

Vargiolu

Defendant

Procedural Posture

Delictual Action / Judgment

Legal Issues

  1. 1 Whether the Plaintiff had a lawful right to draw water from Parcel PR. 311 over the Defendant's land
  2. 2 Whether the Defendant unlawfully interfered with the Plaintiff's water supply
  3. 3 Whether the Plaintiff is entitled to damages and restoration of supply

Ratio Decidendi

The Plaintiff established a right to draw water from Parcel PR. 311 over the Defendant's land both under the 1977 agreement (an authentic document) and by acquisitive prescription, and the Defendant's interference was unlawful, entitling the Plaintiff to damages and restoration of supply.

Court Disposition

Judgment for the Plaintiff

Orders

  • Defendant to pay Plaintiff R23,000 in damages
  • Defendant to repair and restore Plaintiff's water supply at his own cost within one month, failing which Plaintiff may enter Defendant's land to effect repairs and recover costs