William & Anor v Dogley (CS 61/2005) [2007] SCSC 87 (30 May 2007)

William & Anor v Dogley (CS 61/2005) [2007] SCSC 87 (30 May 2007)

The defendant was aware of the encroachment and had no permission or erroneous belief justifying compensation; therefore, under Article 555, the defendant must remove the structures at his own expense and pay moral damages.

Citation
[2007] SCSC 87
Parties
Plaintiffs: Charles William and Damienne Fondaumierre; Defendant: Michel Dogley
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 May 2007
Case Number
CS 61/2005
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
Land Encroachment, Removal of Structures, Moral Damages
Source Language
English
Property Law Land Encroachment Removal of Structures Moral Damages

Case Brief

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Parties

Charles William and Damienne Fondaumierre

Plaintiffs

Michel Dogley

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully encroached on the plaintiffs' land
  2. 2 Whether the defendant is entitled to compensation under Article 555 of the Civil Code
  3. 3 Whether the plaintiffs are entitled to moral damages

Ratio Decidendi

The defendant was aware of the encroachment and had no permission or erroneous belief justifying compensation; therefore, under Article 555, the defendant must remove the structures at his own expense and pay moral damages.

Court Disposition

Judgment for the plaintiffs

Orders

  • Defendant to remove the encroaching structures within two months at his own expense
  • Plaintiffs awarded moral damages of SR 1,000