Seychelles Case Law

Intelvision Ltd v Multichoice Africa Holdings BV and Anor ((SCA 22/2024)

Intelvision Ltd v Multichoice Africa Holdings BV and Anor ((SCA 22/2024) [2025] (Arising in CS 46/2020) (22 April 2025)) [2025] SCCA 11 (22 April 2025)

Court

Court of Appeal

Case number

(SCA 22/2024) [2025] (Arising in CS 46/2020) (22 April 2025)

The Court of Appeal struck out Intelvision Ltd’s appeal for non-compliance with appeal rules and found the representatives’ authority was not established.

• Appeals
• Notice of appeal requirements
• Copyright infringement
• Corporate representation
• Notice-of-appeal-requirements
• Corporate-representation

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Dos Santos v R ((SCA CR 16/2024)

Dos Santos v R ((SCA CR 16/2024) [2025] (Arising in CO 49/2024) (22 April 2025)) [2025] SCCA 2 (22 April 2025)

Court

Court of Appeal

Case number

(SCA CR 16/2024) [2025] (Arising in CO 49/2024) (22 April 2025)

The Court of Appeal upheld a 26-year sentence for importing 2,453.69 grams of cocaine, finding the sentence justified by aggravating factors under MODA 2016.

• Importation of controlled drugs
• Sentencing
• Aggravating and mitigating factors
• Appeal against sentence
• Criminal-sentencing
• Drug-importation

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Constance v The Attorney-General (at the instance of the Government of Seychelles) ((SCA 18/2024)

Constance v The Attorney-General (at the instance of the Government of Seychelles) ((SCA 18/2024) [2025] (Arising in MC 02/2024) (22 April 2025)) [2025] SCCA 7 (22 April 2025)

Court

Court of Appeal

Case number

(SCA 18/2024) [2025] (Arising in MC 02/2024) (22 April 2025)

The Constitution does not confer civil litigation powers on the Attorney-General; section 29(1) of the Seychelles Code of Civil Procedure is a procedural provision requiring suits by or against the Government to be in the name of the Attorney-General, who may instruct private counsel. No written 'sanction' is a necessary prerequisite for such instruction. The Government established urgency, clear title, and the absence of a serious and bona fide defence by the Appellant, justifying the grant of a writ habere facias possessionem.

Source excerpt

• Attorney-general's powers
• Delegation of authority
• Writ habere facias possessionem
• Référé procedure
• Urgency in civil proceedings
• Title to land

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Exparte: The Government of Seychelles (XP 33 of 2025)

Exparte: The Government of Seychelles (XP 33 of 2025) [2025] SCSC 65 (22 April 2025)

Court

Supreme Court

Case number

XP 33 of 2025

The Supreme Court of Seychelles granted an interim civil confiscation order over parcel H3062, finding reasonable grounds to suspect it was derived from crime.

• Money laundering
• Drug trafficking
• Asset forfeiture
• Interim orders
• Civil-confiscation
• Proceeds-of-crime

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Servina & Others v Servina ([2025] (22 April 2025) SCA 19/2024 (Arising in CS 71/ 2023))

Servina & Others v Servina ([2025] (22 April 2025) SCA 19/2024 (Arising in CS 71/ 2023)) [2025] SCCA 5 (22 April 2025)

Court

Court of Appeal

Case number

[2025] (22 April 2025) SCA 19/2024 (Arising in CS 71/ 2023)

The appeal was dismissed due to fatal procedural defects: the late filing of heads of argument without a formal application for condonation, and the Plaint's simultaneous pleading of contract and delict claims contrary to Article 1370 of the Civil Code. Even on merits, the claim was time-barred and unsupported by evidence.

Source excerpt

• Condonation of delay
• Simultaneity of causes of action
• Prescription
• Pleadings
• Breach of contract
• Fraud

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Matile-Otar v Gopinath Builders (Pty) Ltd ([2025] (22 April 2025) SCA 17/2024 (Arising in CS 132/ 2019))

Matile-Otar v Gopinath Builders (Pty) Ltd ([2025] (22 April 2025) SCA 17/2024 (Arising in CS 132/ 2019)) [2025] SCCA 4 (22 April 2025)

Court

Court of Appeal

Case number

[2025] (22 April 2025) SCA 17/2024 (Arising in CS 132/ 2019)

The appeal was dismissed for counsel’s failure to comply with procedural filing rules, with costs and refund orders made against counsel, not on the merits.

• Building contract
• Defective workmanship
• Procedural default
• Legal malpractice
• Damages
• Counterclaim

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Hunt v Hunt ((Civil Appeal SCA 20/2024)

Hunt v Hunt ((Civil Appeal SCA 20/2024) [2025] (22 April 2025) (Arising in CS 55 of 2024)) [2025] SCCA 9 (22 April 2025)

Court

Court of Appeal

Case number

(Civil Appeal SCA 20/2024) [2025] (22 April 2025) (Arising in CS 55 of 2024)

The Court of Appeal dismissed an appeal against default judgment, holding that the appellant was already in default for not filing a defence on time.

• Default judgment
• Statement of defence
• Procedural fairness
• Affidavit defects
• Appeal grounds
• Default-judgment

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Government of Seychelles v Dylan Padayachy ([2025] (SCA21/2024 & SCA05/2025 (CONSOLIDATED) (Arising from MC 97/ 2023))

Government of Seychelles v Dylan Padayachy ([2025] (SCA21/2024 & SCA05/2025 (CONSOLIDATED) (Arising from MC 97/ 2023)) [2025] SCCA 6 (22 April 2025)

Court

Court of Appeal

Case number

[2025] (SCA21/2024 & SCA05/2025 (CONSOLIDATED) (Arising from MC 97/ 2023)

The Court of Appeal allowed consolidated appeals, holding the Government was the proper POCA applicant, the respondent failed to rebut the presumption, and the contempt order was flawed.

• Asset forfeiture
• Burden of proof
• Standing of applicant
• Service of process
• Natural justice
• Non-conviction based confiscation

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T.L v R ((SCA CR 15/2024)

T.L v R ((SCA CR 15/2024) [2022] (Arising in CO 20/2022) (22 April 2025)) [2025] SCCA 3 (22 April 2025)

Court

Court of Appeal

Case number

(SCA CR 15/2024) [2022] (Arising in CO 20/2022) (22 April 2025)

Appeal against conviction and sentence for sexual assault dismissed; the Court upheld the child complainant’s evidence and the 14-year sentences.

• Sexual assault
• Delay in reporting sexual offences
• Child witness credibility
• Sentencing guidelines
• Sexual-assault
• Child-witness-credibility

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Pillay v The Republic and Arumagam ((Criminal Appeal SCA CR 17/2024)

Pillay v The Republic and Arumagam ((Criminal Appeal SCA CR 17/2024) [2025] (22 April 2025) (Arising in CO 59 of 2024)) [2025] SCCA 10 (22 April 2025)

Court

Court of Appeal

Case number

(Criminal Appeal SCA CR 17/2024) [2025] (22 April 2025) (Arising in CO 59 of 2024)

The Court of Appeal set aside bail conditions requiring a non-party employer to pay salary and food allowance to an accused, finding no fair hearing and no lawful basis.

• Bail conditions
• Natural justice
• Right to fair hearing
• Judicial discretion
• Third party obligations
• Bail-conditions

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