Delict/tort-nuisance – proving of nuisance by sound, smell and dust.Once nuisance is proved, it is no defence that the defendant was unaware that their actions caused damage to the plaintiff.A party cannot seek relief outside their pleadings

role of appellate court – substitution of finding of facts – inferences –what constitutes a judicial admission

stay of execution- when granted-defective affidavit - jurat overleaf

Article 1382 and the acts of moral persons –liability under Article 1382 and 1384 – when court of appeal can interfere with award of lower court

Les référés - arts. 806 - 811 C. Pr. c. - Writ habere facias possessionem - res judicata - urgency: alternative remedy - Appeal partly succeeds – With costs

Creation of easements - Discontinuous easements - Right of way - Document of title - Road acess - Sections 3, 28 and 52(3) of the Land Registration Act - Land Registration Act has primacy over the manner and form of creating easements - Mondon & Ors v Weller & Anor [2016] SCSC 451 omitted to consider imperative provisions of the Land Registration Act - An easement is a registrable right and is required to be created in a specific form in accordance with the Land Registration Act - Appeal allowed - With costs to the respondent

Appellants’ father died intestate – whether letter to the bank asking wife to be a joint account holder conferred beneficial ownership on the passing of her husband – held it does not.

Role of an appellate court in an appeal against findings of facts by a trial court - order for payment of double the costs of the action quashed - Appeal partly succeeds - With costs

Simple loan - admissions contained in recorded WhatsApp conversations - an extra-judicial admission against a party must be pleaded - the role of an appellate court in an appeal against findings of fact by a trial court - unjust enrichment – an alternative remedy in contract - Appeal partly succeeds with costs in favour of the respondent