Laporte v Cupidon & Anor (CS 48/2015) [2017] SCSC 955 (5 November 2017)

Laporte v Cupidon & Anor (CS 48/2015) [2017] SCSC 955 (5 November 2017)

The court found on a balance of probabilities that the defendants' excavation works caused damage to the plaintiff's property and ordered them to carry out remedial works. The court also found minor encroachment by the plaintiff and ordered its removal after remedial works are completed.

Citation
[2017] SCSC 955
Parties
Plaintiff: Veronique Laporte; 1st Defendant: Wix Cupidon; 2nd Defendant: Kumar Kerai
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 November 2017
Case Number
CS 48/2015
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed in part; counterclaim allowed in part; orders issued for remedial works, payment of damages, and removal of encroachment.
Legal Topics
Nuisance, Trespass, Damages, Remedial Works, Encroachment
Source Language
English
Tort Property Law Nuisance Trespass Damages Remedial Works Encroachment

Case Brief

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Parties

Veronique Laporte

Plaintiff

Wix Cupidon

1st Defendant

Kumar Kerai

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants are liable for soil degradation and damage to the plaintiff's property caused by excavation works
  2. 2 Whether the plaintiff is liable for encroachment onto the defendant's land
  3. 3 Assessment of damages and remedial orders

Ratio Decidendi

The court found on a balance of probabilities that the defendants' excavation works caused damage to the plaintiff's property and ordered them to carry out remedial works. The court also found minor encroachment by the plaintiff and ordered its removal after remedial works are completed.

Court Disposition

Plaintiff's claim allowed in part; counterclaim allowed in part; orders issued for remedial works, payment of damages, and removal of encroachment.

Orders

  • Both defendants to jointly carry out all remedial works necessary to arrest damage to plaintiff's property within fifteen days.
  • Plaintiff to pay Rs 5,000 as damages for trespass and Rs 7,000 for surveyor's fees to the second defendant.