Automated Summary
Key Facts
Seychelles Development Corporation Ltd sought removal of a land restriction on Title C157 at Anse a La Mouche, Mahe, entered by Dr. Grahame in 1970. Dr. Grahame made a £360 deposit but never completed the purchase or contacted the applicant. The applicant, now wishing to sell the property to a third party, argued the obligation to sell is time-barred by prescription. The Land Registrar advised seeking a court order in March 2004, but did not participate in proceedings. Judge Gaswaga ruled on July 5, 2006, ordering the restriction removed and allowing the applicant to retain the deposit and land.
Issues
The court addressed whether the applicant, Seychelles Development Corporation Ltd, was entitled to remove a land restriction under Section 86(2) of the Land Registration Act, as the obligation to sell the property to Dr. Grahame was allegedly time-barred by prescription. The applicant argued that Dr. Grahame's failure to settle the purchase price and lack of contact justified retaining the deposit and lifting the restriction to facilitate a third-party sale.
Holdings
The court granted an order for the removal of restriction under Section 86(2) of the Land Registration Act Cap 107, determining that the applicant's obligation to sell the land to Dr. Grahame is time-barred by prescription, thus allowing the applicant to retain the deposit and the land.
Remedies
A court order was issued for the removal of the restriction on Land Title C157 at Anse a la Mouche, Mahe under Section 86(2) of the Land Registration Act Cap 107. The order is to be communicated to the Land Registrar and Mr. Rouillon.
Legal Principles
The court applied the principle of prescription to determine that the applicant's obligation to sell the property to Dr. Grahame was time-barred, allowing the applicant to retain the deposit and the land.
Cited Statute
Land Registration Act
Judge Name
Duncan Gaswaga
Passage Text
- On the strength of the affidavit filed in support of the application I find it just and necessary that an order for Removal of Restriction in respect of Land Title C157 at Anse a la Mouche, Mahe under Section. 86(2) of the Land Registration Act Cap 107 issues.
- This is an application for an order of Removal of Restriction sought in terms of Section 86 (2) of the Land Registration Act Cap. 107. It was averred that the applicant is the registered proprietor of land Title C157 situated at Anse a La Mouche, Mahe on which land a restriction was entered by one Dr. Grahame who is said to have made a deposit of UK pounds 360 in 1970 towards the purchase of the same. That Dr. Grahame has since never contacted the applicant nor settled the balance of the purchase price and his whereabouts are unknown yet the applicant wishes to sell the said property to a third party. The restriction however, prohibits him from doing so. It is further averred that the applicant's obligation to sell the property to Dr. Grahame is now time barred by prescription whereupon the applicant is entitled to retain the deposit and the land.