Seychelles Case Law

Gedeon v Rath (CS 71 of 2022)

Gedeon v Rath (CS 71 of 2022) [2024] SCSC 201 (29 November 2024)

Court

Supreme Court

Case number

CS 71 of 2022

The right of way, established by Judgment by Consent, remains binding and unaltered as the Plaintiff failed to demonstrate compelling reasons or significant change in circumstances warranting modification. The absence of registration does not affect its enforceability between the parties. Modification would disproportionately burden the Defendant without sufficient necessity.

Source excerpt

• Easements
• Right of way
• Modification of servitude
• Land registration

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R v HL (CR 44 of 2023)

R v HL (CR 44 of 2023) [2024] SCSC 199 (28 November 2024)

Court

Supreme Court

Case number

CR 44 of 2023

The Supreme Court of Seychelles dismissed a sexual assault charge after finding the prosecution had not made out a prima facie case, chiefly on identification evidence.

• Sexual assault
• Identification evidence
• No case to answer
• Acquittal
• Criminal-law
• Sexual-assault

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R v HL (CR 44 of 2023)

R v HL (CR 44 of 2023) [2024] SCSC 200 (28 November 2024)

Court

Supreme Court

Case number

CR 44 of 2023

The Supreme Court of Seychelles acquitted the accused on a no-case-to-answer ruling, finding insufficient identification evidence to require a defence.

• Sexual assault
• Identification evidence
• No case to answer
• Acquittal
• Sexual-assault
• Identification-evidence

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Valabhji v Republic & Ors (MA 134 of 2024 (Arising in CP 09 of 2022))

Valabhji v Republic & Ors (MA 134 of 2024 (Arising in CP 09 of 2022)) [2024] SCCC 6 (27 November 2024)

Court

Constitutional Court

Case number

MA 134 of 2024 (Arising in CP 09 of 2022)

The Constitutional Court of Seychelles dismissed a renewed stay application in CP 09/2022, finding the amended charge-sheet issue had already been resolved.

• Stay of proceedings
• Amendment of charge sheet
• Right to fair hearing
• Abuse of process
• Stay-of-proceedings
• Amendment-of-charge-sheet

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Ex parte Maribel Hernandez Velazquez Norah (MA 356 of 2023 (Arising in MC 80 of 2023))

Ex parte Maribel Hernandez Velazquez Norah (MA 356 of 2023 (Arising in MC 80 of 2023)) [2024] SCSC 178 (24 November 2024)

Court

Supreme Court

Case number

MA 356 of 2023 (Arising in MC 80 of 2023)

The Supreme Court of Seychelles refused leave to pursue judicial review out of time, finding no good reason to extend the deadline and dismissing the case.

• Judicial review
• Time limits
• Extension of time
• Deportation
• Prohibited immigrant status
• Judicial-review

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R v Priyantha (CO 60 of 2024)

R v Priyantha (CO 60 of 2024) [2024] SCSC 224 (22 November 2024)

Court

Supreme Court

Case number

CO 60 of 2024

Sentencing for fishing without a foreign vessel licence and interfering with vessel monitoring; the Supreme Court imposed fines and a default prison term.

• Fishing without license
• Vessel monitoring system interference
• Sentencing
• Mitigation
• Fisheries-law
• Guilty-plea

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Valenza v Severe Investments Pty Ltd (CS 5 of 2021)

Valenza v Severe Investments Pty Ltd (CS 5 of 2021) [2024] SCSC 177 (19 November 2024)

Court

Supreme Court

Case number

CS 5 of 2021

The Supreme Court of Seychelles dismissed an objection to producing a photocopy of a doctor's report, holding it could be authenticated under section 31(b).

• Admissibility of documentary evidence
• Production of photocopies
• Authentication of exhibits
• Evidence-law
• Documentary-evidence
• Photocopies

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Esparon & Anor (MA 246 of 2024 (Arising in CS 92 of 2024))

Esparon & Anor (MA 246 of 2024 (Arising in CS 92 of 2024)) [2024] SCSC 189 (19 November 2024)

Court

Supreme Court

Case number

MA 246 of 2024 (Arising in CS 92 of 2024)

The applicants failed to establish a serious issue to be tried as they cannot claim a right of way by acquisitive prescription, and did not show their property is truly enclosed to justify a right of way under Article 682. The evidence did not support the necessity for an injunction, and the balance of convenience did not favor the applicants. Therefore, the application for interlocutory injunction is dismissed.

Source excerpt

• Interlocutory injunction
• Right of way
• Acquisitive prescription
• Enclosed property
• Balance of convenience

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R v Vital (CM 136 of 2024 (Arising in CR 64 of 2024)

R v Vital (CM 136 of 2024 (Arising in CR 64 of 2024) [2024] SCSC 175 (18 November 2024)

Court

Supreme Court

Case number

CM 136 of 2024 (Arising in CR 64 of 2024

The Supreme Court of Seychelles dismissed an application to revoke bail, finding no sufficient proof that the accused intentionally breached conditions or was a flight risk.

• Bail
• Breach of bail conditions
• Trafficking in controlled drugs
• Bail-conditions
• Passport-surrender
• Flight-risk

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Rosebelle (Pty) Ltd & Anor v Mauritius Commercial Bank (MA 248 of 2024 (Arising in CS 93 of 2024))

Rosebelle (Pty) Ltd & Anor v Mauritius Commercial Bank (MA 248 of 2024 (Arising in CS 93 of 2024)) [2024] SCSC 176 (18 November 2024)

Court

Supreme Court

Case number

MA 248 of 2024 (Arising in CS 93 of 2024)

The application for stay of proceedings is premature as there are no ongoing proceedings before a Judge in relation to the commandment. The Immovable Property (Judicial Sales) Act provides sufficient statutory remedies for the Applicants, including the right to object and seek postponement of sale. Therefore, the Supreme Court's equitable jurisdiction under section 6 of the Courts Act is excluded, and the application must be dismissed.

Source excerpt

• Stay of proceedings
• Judicial sale of immovable property
• Abus de droit
• Equitable jurisdiction
• Loan default

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