Delictual liability-Damages-whether the award of damages was manifestly harsh and excessive. A party cannot seek relief outside their pleadings

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

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

Quantum of damages, evidence and burden of proof in relation to damages and quantum

Breach of a building contract - damages - proof of loss

Contract - Breach of Building Lease Agreement - Damages - Proof of damages - Defective pleadings. Appeal is dismissed - Cross-appeal is dismissed - No order as to costs.