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Seychelles decisions
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Bordino v Government of Seychelles ((SCA 12/2024) [2024] (Arising in MC 18/2019) (18 December 2024)) [2024] SCCA 33 (18 December 2024)
The Court of Appeal dismissed an appeal after the appellant filed heads of argument out of time and did not seek condonation or show good cause.
Berlouis & Anor v The Estate of the Late Ogilvy Berlouis ((SCA 10/2024) [2024] (arising in CS 119/2022) (18 December 2024)) [2024] SCCA 30 (18 December 2024)
The Court of Appeal held that the doctrine of res judicata did not bar the appellants' third suit because the previous dismissal was on procedural grounds and did not constitute a final judgment on the merits. The causes of action and reliefs sought in the two suits were materially distinct: the prior suit sought nullification of the will, while the current suit sought reduction of excessive dispositions. The court further held that the institution of the third suit was not an abuse of process, as the appellants were pursuing a genuine claim not previously adjudicated. However, the court foun…
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Cafrine v R ((SCA CR 14/24) [2024] SCCA (18 December 2024) (Arising in [2023] CR 42/2023)) [2024] SCCA 29 (18 December 2024)
The appeal is dismissed because the lengthy summing up, while not ideal, did not deprive the jury of their ability to deliberate or render the conviction unsafe. There is no evidence of jury fatigue or coercion. The trial judge's comments were within legal bounds and did not usurp the jury's role. The evidence against the appellant was overwhelming, and the conviction for murder, including by omission, is supported. Procedural irregularities in the appeal process did not result in a miscarriage of justice.
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Financial Services Authority v Jivan ((SCA 13/2024) [2024] (Arising in MC 04/2021)) [2024] SCCA 31 (18 December 2024)
The Appellant had the statutory power to revoke the Respondent's fit and proper status and directorship without appointing an examiner, as the Respondent was not a licensee and the statutory provisions did not require such appointment. The Respondent was given adequate notice of the grounds for revocation and an opportunity to respond, thereby satisfying the requirements of procedural fairness and natural justice. The Supreme Court erred in finding procedural impropriety and illegality in the Appellant's decision.
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Gemuenden v Seychelles Investment Board (d (SCA 14/2024) [2024] (Arising in MC 14/2024) (18 December 2024)) [2024] SCCA 34 (18 December 2024)
The Court of Appeal held that Seychelles judicial review must commence by petition under the Supervisory Rules, not by notice alone, and dismissed the appeal.
R v HL (CR 45 of 2023) [2024] SCSC 206 (16 December 2024)
The Supreme Court of Seychelles held that the prosecution had made out a prima facie case in a child sexual assault matter and dismissed the no case submission.
Morel v Land Registrar (MC 57 of 2023) [2024] SCSC 223 (16 December 2024)
The Supreme Court of Seychelles ordered rectification of the land register for LD 1566 to include omitted heirs of Odette Morel, and dismissed the SR25,000 claim.
Cecile v Cecile & Ors (MA 211 of 2024 (Arising in CS 62 of 2018)) [2024] SCSC 205 (16 December 2024)
The Supreme Court ordered two judgment debtors to pay monthly instalments toward an unpaid judgment debt after a means inquiry, with civil imprisonment for non-compliance.
Paradigm Ltd/ Sideshift v ByBit Fintech Limited & Anor ((MA 251 of 2024 (Arising from MC 54 of 2023))) [2024] SCSC 190 (16 December 2024)
The Supreme Court of Seychelles discharged an interlocutory restraint over cryptocurrencies and ordered the transferred assets returned to the applicant.
Seychelles Medical Services v Khan (CA 19 of 2024) [2024] SCSC 222 (13 December 2024)
The Supreme Court partly allowed an appeal from the Employment Tribunal, quashing overbroad terminal-benefit awards and leaving only one month’s salary in lieu of notice.
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