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Seychelles Case Law

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Family law [2024] SCSC 225

Decomarmond v Decomarmond (MA 210 of 2024 (Arising in DC 11 of 2023))

Decomarmond v Decomarmond (MA 210 of 2024 (Arising in DC 11 of 2023)) [2024] SCSC 225 (13 December 2024)

The Supreme Court of Seychelles granted leave to file an out-of-time application for division of matrimonial property after finding sufficient cause for delay.

  • Division of matrimonial property
  • Extension of time
  • Limitation periods
  • Matrimonial causes rules
  • Family-law
  • Matrimonial-property
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Contract law [2024] SCSC 181

PromedKlinik (Seychelles) Limited v PromedKliniken GmbH (CS 135 of 2019)

PromedKlinik (Seychelles) Limited v PromedKliniken GmbH (CS 135 of 2019) [2024] SCSC 181 (11 December 2024)

The Supreme Court of Seychelles dismissed a claim for rescission and held the plaintiff breached a partnership agreement, awarding the defendant EUR448,175.70 in damages.

  • Breach of contract
  • Rescission
  • Damages
  • Shareholder agreements
  • Good faith in contracts
  • Breach-of-contract
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Constitutional law [2024] SCSC 188

Etienne v the Public Service Appeal Board (MC 46 of 2023)

Etienne v the Public Service Appeal Board (MC 46 of 2023) [2024] SCSC 188 (11 December 2024)

The PSAB acted ultra vires the Constitution by refusing to hear the petitioner's complaint regarding termination of employment, lacked authority to conduct an investigation instead of hearing the complaint, and breached natural justice by not affording the petitioner a hearing. The petitioner was entitled to writs of certiorari and mandamus.

  • Judicial review
  • Ultra vires
  • Natural justice
  • Mandamus
  • Certiorari
  • Public service appeals
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Civil procedure [2024] SCSC 198

Constance v R (MA 259 of 2024 (Arising in MC 02 of 2024))

Constance v R (MA 259 of 2024 (Arising in MC 02 of 2024)) [2024] SCSC 198 (11 December 2024)

The Supreme Court of Seychelles dismissed an application to stay execution pending appeal, finding no substantial question of law or fact to justify relief.

  • Stay of execution
  • Attorney general's authority
  • Writ habere facias possessionem
  • Appeal grounds
  • Stay-of-execution
  • Appeal-pending
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Proceeds of crime [2024] SCSC 187

Ex parte the Government of Seychelles (XP 82 of 2024)

Ex parte the Government of Seychelles (XP 82 of 2024) [2024] SCSC 187 (6 December 2024)

The Supreme Court granted an ex parte interim order under the Proceeds of Crime (Civil Confiscation) Act and appointed a receiver over two vehicles.

  • Interim orders
  • Appointment of receiver
  • Asset freezing
  • Burden of proof
  • Prima facie case
  • Civil-confiscation
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Criminal law [2024] SCSC 228

R v Agathine (MC 3 of 2024)

R v Agathine (MC 3 of 2024) [2024] SCSC 228 (29 November 2024)

The Supreme Court ordered forfeiture of USD 20,000 seized from Frank Agathine at Seychelles International Airport after finding reasonable grounds to suspect money laundering.

  • Forfeiture of seized cash
  • Money laundering
  • Burden of proof
  • Evidentiary requirements
  • Money-laundering
  • Asset-forfeiture
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Contract law [2024] SCSC 192

Skywire Communications Inc v Cable & Wireless (Seychelles) Ltd (CS 18 of 2021)

Skywire Communications Inc v Cable & Wireless (Seychelles) Ltd (CS 18 of 2021) [2024] SCSC 192 (29 November 2024)

The Supreme Court of Seychelles dismissed Skywire’s breach of contract claim, finding Cable & Wireless had handed the goods to FedEx and was not liable for loss in transit.

  • Breach of contract
  • Carriage of goods
  • Obligation to deliver
  • Transfer of risk
  • Carrier liability
  • Breach-of-contract
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Probate [2024] SCSC 195

Ex Parte: Octobre (MC 40 of 2024)

Ex Parte: Octobre (MC 40 of 2024) [2024] SCSC 195 (29 November 2024)

The Supreme Court of Seychelles allowed a petition under the Presumption of Deaths Act and ordered a magistrate-led public enquiry into a missing person.

  • Presumption of death
  • Missing persons
  • Public enquiry
  • Presumption-of-death
  • Missing-persons
  • Public-enquiry
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Criminal law [2024] SCSC 211

R v JCM (CR 54 of 2022 and CR 55 of 2022)

R v JCM (CR 54 of 2022 and CR 55 of 2022) [2024] SCSC 211 (29 November 2024)

On guilty pleas, the Supreme Court of Seychelles imposed a total of 15 years’ imprisonment for trafficking, extortion, recording, and child indecency offences.

  • Sexual assault
  • Trafficking in persons
  • Extortion
  • Prohibited observation and recording
  • Possession of prohibited visual recording
  • Possession of indecent photographs of a child
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Criminal law [2024] SCSC 180

R v NA (CO 29 of 2021)

R v NA (CO 29 of 2021) [2024] SCSC 180 (29 November 2024)

The court found the complainant's evidence credible, consistent, and unaffected by animosity or external influence. The accused's denials and alternative explanations were rejected as unsupported and lacking merit. The court was satisfied beyond reasonable doubt that the accused committed the acts described in Counts 1 to 3, but found insufficient evidence for Counts 4 and 5.

  • Sexual assault
  • Child sexual abuse
  • Credibility of witnesses
  • Corroboration in sexual offences
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.