Pothin v Searles (MC 61/2021) [2021] SCSC 986 (2 September 2021)

Pothin v Searles (MC 61/2021) [2021] SCSC 986 (2 September 2021)

The Respondent's usufructuary interest was limited to the lifetime of Drixelle Monthy, as that was all she possessed and could transfer. Upon her death, the usufruct extinguished and merged with the Applicant's bare ownership, making the Applicant the full owner. The Respondent has no right or interest in the property and cannot maintain a bona fide defence. The requirements for a Writ Habere Facias Possessionem are met.

Citation
[2021] SCSC 986
Parties
Applicant: Winsel Pothin; Respondent: Jonathan Searles
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 September 2021
Case Number
MC 61/2021
Procedural Posture
Application for Writ Habere Facias Possessionem / Ruling on Application
Outcome
Application granted
Legal Topics
Usufructuary Interest, Writ Habere Facias Possessionem, Transfer of Property, Termination of Usufruct, Equitable Remedies
Source Language
English
Property Law Civil Procedure Usufructuary Interest Writ Habere Facias Possessionem Transfer of Property Termination of Usufruct Equitable Remedies

Case Brief

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Parties

Winsel Pothin

Applicant

Jonathan Searles

Respondent

Procedural Posture

Application for Writ Habere Facias Possessionem / Ruling on Application

Legal Issues

  1. 1 Whether the Respondent has any right or interest in parcel T477 after the death of Drixelle Monthy
  2. 2 Whether the transfer of usufructuary interest was for the lifetime of the transferor or transferee
  3. 3 Whether the requirements for granting a Writ Habere Facias Possessionem are met

Ratio Decidendi

The Respondent's usufructuary interest was limited to the lifetime of Drixelle Monthy, as that was all she possessed and could transfer. Upon her death, the usufruct extinguished and merged with the Applicant's bare ownership, making the Applicant the full owner. The Respondent has no right or interest in the property and cannot maintain a bona fide defence. The requirements for a Writ Habere Facias Possessionem are met.

Court Disposition

Application granted

Orders

  • The Respondent shall vacate land parcel T477 situated at Bougainville, Mahe within one month of the date of the ruling.
  • The Registrar of Lands shall delete and remove the name of the Respondent as the owner of the usufructuary interest in parcel T477 forthwith.