Seychelles Case Law

Fideria v Vidot ((SCA 08/2024)

Fideria v Vidot ((SCA 08/2024) [2024] (Arising in CS 30/2021) (19 August 2024)) [2024] SCCA 22 (19 August 2024)

Court

Court of Appeal

Case number

(SCA 08/2024) [2024] (Arising in CS 30/2021) (19 August 2024)

The Appellant contributed 75% and the Respondent 25% to the acquisition and repayment of the property. The Appellant is entitled to the first option to buy out the Respondent's share, as equity and the evidence of contributions favour him. The trial judge erred in both the apportionment and in granting the first option to the Respondent.

Source excerpt

• Cohabitation
• Property division
• Contributions to property
• Option to purchase share
• Loan repayment apportionment

Read case analysis

Otar v Gopinath Builders (Pty) Ltd (CS 132 of 2019)

Otar v Gopinath Builders (Pty) Ltd (CS 132 of 2019) [2024] SCSC 204 (13 August 2024)

Court

Supreme Court

Case number

CS 132 of 2019

Construction dispute over delay, defects and payment ended with partial success for both sides, but the defendant’s counterclaim exceeded the plaintiff’s award.

• Breach of contract
• Damages
• Counterclaim
• Construction defects
• Breach-of-contract
• Construction-law

Read case analysis

R v Chande (CO 20 of 2024)

R v Chande (CO 20 of 2024) [2024] SCSC 152 (1 August 2024)

Court

Supreme Court

Case number

CO 20 of 2024

Convicted on a guilty plea, the accused received 9 years’ imprisonment without remission for importing 4.9532 kg of heroin into Seychelles.

• Importation of controlled drugs
• Sentencing
• Mitigation and aggravation
• Drug-importation
• Guilty-plea
• Controlled-drugs

Read case analysis

R v Bastienne (CR 54 of 2017)

R v Bastienne (CR 54 of 2017) [2024] SCSC 191 (1 August 2024)

Court

Supreme Court

Case number

CR 54 of 2017

The Seychelles Supreme Court sentenced Jean Paul Bastienne for four criminal counts, imposing concurrent custodial terms after considering gravity, harm to victims, and mitigation.

• House breaking
• Intent to commit felony
• Grievous harm
• Assault
• Actual bodily harm
• Kidnapping

Read case analysis

Ex parte Encinas (MA 98 of 2024 (Arising in CS 44 of 2024))

Ex parte Encinas (MA 98 of 2024 (Arising in CS 44 of 2024)) [2024] SCSC 156 (31 July 2024)

Court

Supreme Court

Case number

MA 98 of 2024 (Arising in CS 44 of 2024)

The Supreme Court of Seychelles granted an ex parte provisional seizure order over 2,700,000 USDT held on KuCoin accounts, finding a bona fide claim under the SCCP.

• Provisional seizure
• Cryptocurrency
• Interim relief
• Provisional-seizure
• Interim-relief
• Civil-procedure

Read case analysis

R v Williams (CR 65 of 2021)

R v Williams (CR 65 of 2021) [2024] SCSC 155 (31 July 2024)

Court

Supreme Court

Case number

CR 65 of 2021

The sentence was determined by balancing the mitigating effect of the guilty plea and personal circumstances against the aggravating factor of the large quantity of cocaine imported, with reference to statutory provisions and comparable case law.

Source excerpt

• Importation of controlled drugs
• Sentencing
• Mitigation
• Aggravating factors

Read case analysis

Ex parte Vidot (XP 19 of 2024)

Ex parte Vidot (XP 19 of 2024) [2024] SCSC 127 (29 July 2024)

Court

Supreme Court

Case number

XP 19 of 2024

The petitioner was in a qualifying relationship with the deceased as defined by the Civil Code, 2020, and is entitled to inherit as a surviving partner. There is no legal requirement for a court declaration to be made before applying to the Curator for appointment as executor when only movable property is involved. However, given the circumstances and the petitioner's efforts, the court granted the declaration in this instance.

Source excerpt

• Qualifying relationship
• Surviving partner
• Executor appointment
• Movable property succession

Read case analysis

Maria v Pelisier (MA 280 of 2023)

Maria v Pelisier (MA 280 of 2023) [2024] SCSC 157 (29 July 2024)

Court

Supreme Court

Case number

MA 280 of 2023

The Supreme Court partly allowed an application to amend a plaint, permitting allegations of poor workmanship but excluding unsupported damages claims.

• Amendment of pleadings
• Affidavit requirements
• Jurisdiction
• Damages
• Amendment-of-pleadings
• Affidavit-requirements

Read case analysis

Paulin v Guichard (CA 23 of 2023)

Paulin v Guichard (CA 23 of 2023) [2024] SCSC 151 (29 July 2024)

Court

Supreme Court

Case number

CA 23 of 2023

The Supreme Court of Seychelles dismissed objections that an appeal was late and that its grounds were too vague, holding the memorandum was filed in time.

• Appeals
• Limitation periods
• Drafting of grounds of appeal
• Civil-procedure
• Limitation-periods
• Grounds-of-appeal

Read case analysis

Laurence v Attorney General & Anor (CS 90 of 2019)

Laurence v Attorney General & Anor (CS 90 of 2019) [2024] SCSC 120 (26 July 2024)

Court

Supreme Court

Case number

CS 90 of 2019

Medical negligence claim dismissed after the court found the hospital’s treatment of a child with sepsis was timely, scientific, and not shown to be negligent.

• Medical malpractice
• Vicarious liability
• Pain and suffering
• Moral damages
• Hospital-acquired infection
• Standard of care

Read case analysis