Toussaint v Ah-tive (SCA 18 of 1995) [1996] SCCA 22 (30 October 1996)

IN THE SEYCHELLES COURT OF APPEAL J. B. TOUSSAINT APPELLANT V/S (#) JOHN AH-TIVE RESPONDENT Civil Appeal No. 18 of 1995 Before Goburdhun, P., Silungwe and Venchard, JJA Mr. A. Juliette for the plaintiff Mr. B. Geoges for the defendant JUDGMENT The Appellant, the plaintiff in the Supreme Court obtained a judgment by consent from the Court regarding a boat. Subsequently the boat was retrieved at La Digue and brought to Mahe. The Respondent, who was not a party to the initial proceedings, took possession of the boat. As a result, the Appellant entered the present action to recover possession of the boat. The Respondent denied that the Appellant was the owner of the boat and lodged a counter-claim in the sum of R.24,500. The trial judge after a careful consideration of the evidence on record reached the conclusion that the Appellant had failed to establish as against the Respondent, that he was the owner of the boat. He dismissed the plaint and gave judgment in favour of the Respondent on the counter-claim in the sum of R.2,000/- together with interest and costs. The Appellant now appeals against this judgment on three grounds which are set out in the Memorandum of Appeal. Mr. Derjacques who appeared for him very fairly conceded in the course of his submission that the grounds