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Seychelles decisions
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Marie v Boniface (MC 24 of 2024) [2024] SCSC 158 (3 September 2024)
The applicant has demonstrated clear title to the property and the respondent has no legal right or bona fide defence to remain in occupation; the applicant has no other legal remedy and delay would cause irreparable harm, justifying the grant of the writ.
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R v Valabhji & Ors (CO 4 of 2022) [2024] SCSC 220 (2 September 2024)
The Supreme Court of Seychelles refused a stay for abuse of process and held that the prosecution had made a prima facie case against most accused.
Dilesh v R ((SCA CR 02/2024) [2024] (Arising in CR 99/2023) (19 August 2024)) [2024] SCCA 27 (19 August 2024)
The appeal was dismissed because the grounds of appeal were vague and general in terms and thus invalid under rule 18(7) of the Court of Appeal Rules 2023. The default order of imprisonment for non-payment of the fine was valid, as it is an enforcement mechanism and not a direct penalty, and does not conflict with UNCLOS Article 73(3) or the Fisheries Act. The holding in Kanapathi v The Republic on this point was expressly overruled.
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Payet v Green & Anor ((Civil Appeal SCA 01/2024) [2024] (19 August 2024) (Arising in MC 40/2021) SCSC 777)) [2024] SCCA 23 (19 August 2024)
The Court of Appeal dismissed an appeal seeking division in kind of co-owned land, holding that the appraisement reports did not comply with section 112 of the IPJS Act.
Rose v Richemond ((SCA 07/2024) [2024] (Arising in MA 97/2022 out of DC 227/2019)) [2024] SCCA 25 (19 August 2024)
Court of Appeal allowed a wife’s appeal against dismissal of her ancillary relief application, holding the pleading sufficiently complied with rule 4(1).
Marengo v R ((SCA CR 04/2024) [2024] (19 August 2024) (Arising in CO 62/2023)) [2024] SCCA 21 (19 August 2024)
The Court of Appeal of Seychelles dismissed an appeal against conviction and sentence for murder and attempted murder, upholding life imprisonment and 25 years.
Quatre v R ((SCA CR 21/2023 (Arising in CR 05/22 [2024] (19 August 2024)) [2024] SCCA 26 (19 August 2024)
The Court of Appeal of Seychelles held that aiding and abetting is independently punishable, but overturned Kevin Quatre’s conviction because the evidence was insufficient.
Wadugodapitiya v R ((SCA CR 19/2023) [2024] (Arising in CO 29/2023) (19 August 2024)) [2024] SCCA 19 (19 August 2024)
The Court of Appeal of Seychelles dismissed an appeal against a murder conviction, holding there was no evidential basis for self-defence or provocation.
Shabani v R (SCA CR 03/2024) [2024] ((Arising in CO 46/2022) (19 August 2024)) [2024] SCCA 20 (19 August 2024)
The Court of Appeal of Seychelles dismissed a drug-importation sentence appeal and increased the sentence from 12 to 18 years, finding major aggravating factors.
Gabriel v The Registrar of the Supreme Court ((Civil Appeal SCA 02/2024) [2024] (19 August 2024) (Arising in MA 184/2023 Out of CA 19/2022) SCSC 568) [2024] SCCA 24 (19 August 2024)
The Court of Appeal dismissed an appeal against a time-bar ruling, holding that the 30-day limit included Saturdays and public holidays under the amended time-computation rules.
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