Dingake JA – Judgment by consent, interpretation of the clause, intention of the parties, contribution payments toward rent for the child                                Fernando P – Appeal against Ruling of Supreme Court dated 1 April 2019Robinson JA – Judgment by consent – contribution payments toward rent for the child - clarification of judgment [“slip rule”] – section 147 Seychelles Code of Civil Procedure.

Encroachment and illegal constructions - Acquisitive prescription - Counterclaim - Section 80 Seychelles Code of Civil Procedure. Appeal dismissed. Second Appellant to bear the costs of the appeal

Faute – liability under Article 1382 distinguished from Article 1384- failure of pleadings to allege specific liability – decision ex facie pleadings and trial

Application to amend Notice of Appeal. Leave to amend not sought. Counsel swears affidavit for Applicant. Application dismissed. No order as to costs.

Twomey, Tibatemwa-Ekirikubinza JJA: Power of attorney- when null and void –sections 20, 70, 88, 89 of the Land Registration Act.Robinson JA :- Article 724 of the Civil Code of Seychelles - Heirs seised ipso facto of the property, rights and actions of the deceased if the deceased leaves no immovable property - Right of co-ownership in land is a real right that extends over the whole property vide Jumeau v Anacoura [1978] SLR 180 – An action ″en revendication″ is a real action - Article 2271 of Civil Code of Seychelles does not apply to an action ″en revendication″ - Personal Action - Owners

The appeal is allowed. The stay of the sale by licitation shall operate for a period of 6 months or until the declaration of the shares of the parties’ respective shares in the joint property, whichever is the earliest.  

Invalidity of an affidavit filed in support of a constitutional petition

Twomey, Robinson, Tibatemwa-Ekirikubinza, JJA

Appeal against a decision of the Supreme Court in an action for simultaneous declaration of recherche de paternite and desaveu de paternite- Articles 312,321-340 Code Civil – Power of the Court on Appeal – Production of fresh evidence – Rule 31 of the Court of Appeal Rules S.I 13 of 2005.