Automated Summary
Key Facts
The case centers on a dispute over land title V11154, claimed by Tariq Hughes Albert (plaintiff) via a holographic will from his aunt Marie Henriette Prunelle Jorre de St Jorre. Herminie Therese Alcindor (intervener) challenges the will's validity, arguing it bequeathed property not owned by Marie Henriette at her 1997 death. The court ruled the intervener's 2019 counterclaim was time-barred under a 20-year prescription period (Article 2262) starting from 1997, dismissing her claim. The Land Registrar remains a defendant regarding alleged errors in title registration.
Deceased Name
Marie Henriette Prunelle Jorre de St Jorre
Issues
- The court also considered whether, after striking out the intervener's counterclaim on prescription grounds, it could still entertain her statement of demand asserting real ownership rights over Title V11154. This involved evaluating if the intervener's claim to ownership, based on Charles Verlaque's will, could proceed independently of the prescribed challenge to the original will.
- The court had to determine whether the intervener's counterclaim challenging the validity of a will bequeathing immovable property (Title V11154) is prescribed under the Civil Code of Seychelles, specifically distinguishing between the 5-year (Article 2271(1)) and 20-year (Article 2262) prescription periods for actions involving immovable property. The issue also involved whether the challenge to the will's validity, based on the deceased's lack of ownership of the property at the time of her death, was time-barred given the 1997 death of the testatrix and the 2019 filing of the counterclaim.
Date of Death
1997 November 01
Holdings
- The motion to amend the intervener's statement of demand in MA40/2020 is dismissed, as the intervener's claims are already time-barred under the applicable prescription laws and no legal basis for amendment exists.
- The plaintiff succeeds in his plea of prescription under Article 2262 of the Civil Code of Seychelles Act, which bars real actions in respect of ownership rights in land after 20 years. The intervener's challenge to the will's validity was prescribed as it was filed 22 years after the deceased's death on 1 November 1997.
- The counterclaim of the intervener is struck out because an intervener cannot file a counterclaim under the Seychelles Code of Civil Procedure (SCCP), which reserves counterclaims to defendants. This aligns with sections 80(1) and 120 of the SCCP, which clarify that only defendants may assert counterclaims.
- The matter proceeds against the Land Registrar to address unresolved issues regarding the registration of Title V11154. These include whether the Land Registrar erred in registering the parcel in Charles Verlaque's name and whether her actions constitute a faute in law.
Remedies
- The motion to amend the intervener's statement of demand made in MA40/2020 is dismissed, as it was filed outside the prescribed time limits.
- The counterclaim of the intervener is struck out as it was not permissible under the Seychelles Code of Civil Procedure, which restricts counterclaims to defendants.
- The matter is to continue against the Land Registrar to resolve claims regarding the registration of Title V11154 and potential legal liability for errors in registration.
- The plaintiff succeeds in his plea of prescription, resulting in the intervener's statement of demand falling. The court determined the challenge to the will's validity was prescribed under Article 2262's 20-year period.
Will Type
Holographic Will
Probate Status
The will of Marie Henriette Prunelle Jorre de St Jorre was probated on 17 December 1997 in case no. CS260/1997.
Legal Principles
The court applied the 20-year prescription period under Article 2262 of the Civil Code of Seychelles for real actions regarding rights of ownership in land, distinguishing it from the 5-year period under Article 2271(1) for actions to recover the value of property. It held that challenging the validity of a will bequeathing immovable property falls under the 20-year rule, but the intervener's claim was still prescribed due to the elapsed time since the deceased's death in 1997.
Succession Regime
Civil Code of Seychelles governs succession through wills and prescription periods (Articles 2262, 2265, 2271).
Precedent Name
- Nourrice & Ors v Nicette
- Reddy and Anor v Ramkalawan
- Hoareau v Contoret
- Lorta Gayon & Anor v Antoine Collie
- Savv v Rassool
- Armand Khany & Ors v Leonel Cannie
Cited Statute
- Seychelles Code of Civil Procedure
- Civil Code of Seychelles Act
Judge Name
Carolus J
Passage Text
- the intervener is prescribed from raising issues as to the validity of the will of the deceased, I further find that her whole case... falls.
- I find that the challenge to the validity of the deceased's will by the intervener in the present case is subject to the 20 year prescription period under Article 2262 of the Civil Code.
- The first part of the claim was seeking to set aside the will based on the plaintiff's right of ownership in the immovable properties which emanated from succession. That part of the claim is therefore similar to the Khany case.
Beneficiary Classes
Heir-At-Law