Seychelles Case Law

Smart Vega Holding Ltd v Ver (MA 194 of 2023 (Arising in MC 53 of 2022))

Smart Vega Holding Ltd v Ver (MA 194 of 2023 (Arising in MC 53 of 2022)) [2024] SCSC 121 (26 July 2024)

Court

Supreme Court

Case number

MA 194 of 2023 (Arising in MC 53 of 2022)

The Respondent's institution of multiple actions on the same subject matter constitutes an abuse of court process. The Applicant demonstrated a bona fide dispute as to the debt, and the winding up proceedings should be stayed to allow the related breach of contract suit to be determined first. The court has inherent power to stay proceedings to prevent abuse and ensure fairness.

Source excerpt

• Stay of proceedings
• Abuse of process
• Winding up
• Breach of contract

Read case analysis

Vijay Construction (Pty) Ltd v Eastern European Engineering Limited (CC 17 of 2016)

Vijay Construction (Pty) Ltd v Eastern European Engineering Limited (CC 17 of 2016) [2024] SCSC 119 (26 July 2024)

Court

Supreme Court

Case number

CC 17 of 2016

The Plaintiff's claim for rent and damages is dismissed because the period September 2012 to May 2014 was already compensated by the arbitral award, and for the period after May 2014, the Plaintiff failed to prove the temporary buildings were reusable or that it suffered actual loss from not being able to use them elsewhere. The Plaintiff's pleadings did not adequately set out the material facts for a claim based on loss of use, and the evidence presented was insufficient to establish the claim on a balance of probabilities.

Source excerpt

• Jurisdiction
• Res judicata
• Damages
• Pleadings
• Arbitration agreement
• Ownership of temporary buildings

Read case analysis

R v Estrale (CO 13 of 2021)

R v Estrale (CO 13 of 2021) [2024] SCSC 111 (25 July 2024)

Court

Supreme Court

Case number

CO 13 of 2021

After a guilty plea for unlawful assault, the Supreme Court of Seychelles imposed fines of SCR 5,000 on each count, with six months' imprisonment in default.

• Unlawful assault
• Sentencing
• Mitigation
• Provocation
• Criminal-law
• Unlawful-assault

Read case analysis

Samedi v The Government of Seychelles (CS 95 of 2022)

Samedi v The Government of Seychelles (CS 95 of 2022) [2024] SCSC 147 (25 July 2024)

Court

Supreme Court

Case number

CS 95 of 2022

The Supreme Court held the Government liable for a faulty elbow surgery that caused a dislocation and ongoing pain, but not for claimed nerve palsy.

• Vicarious liability
• Medical malpractice
• Personal injury
• Damages
• Medical-negligence
• Vicarious-liability

Read case analysis

R v Fabien (CO 41 of 2022)

R v Fabien (CO 41 of 2022) [2024] SCSC 114 (24 July 2024)

Court

Supreme Court

Case number

CO 41 of 2022

The accused was found guilty of unlawful wounding with intent to cause grievous harm. While provocation was present, it did not justify the severity of the attack, and the injuries inflicted were disproportionate to the situation. A deterrent sentence was warranted given the seriousness of the offence and the impact on the victim.

Source excerpt

• Grievous harm
• Sentencing
• Provocation
• Compensation to victim

Read case analysis

R v Padmasiri (CO 45 of 2024)

R v Padmasiri (CO 45 of 2024) [2024] SCSC 153 (24 July 2024)

Court

Supreme Court

Case number

CO 45 of 2024

Sentencing for fishing without a foreign fishing vessel licence. The court reduced the penalty to a SCR400,000 fine, with forfeiture only in default.

• Fishing without a foreign fishing vessel license
• Sentencing
• Forfeiture
• Mitigation
• Fisheries-law
• Criminal-sentencing

Read case analysis

Government of Seychelles v Bordino (MA 10 of 2024 (Arising in MC 18 of 2019))

Government of Seychelles v Bordino (MA 10 of 2024 (Arising in MC 18 of 2019)) [2024] SCSC 112 (19 July 2024)

Court

Supreme Court

Case number

MA 10 of 2024 (Arising in MC 18 of 2019)

The Supreme Court of Seychelles replaced a receivership appointee under POCA, appointing Sergeant Dave Jeanne as receiver over specified property.

• Receivership
• Replacement of receiver
• Proceeds of crime
• Court discretion
• Proceeds-of-crime
• Asset-forfeiture

Read case analysis

The ACCS v Valabhji & Ors (CO 114 of 2021)

The ACCS v Valabhji & Ors (CO 114 of 2021) [2024] SCSC 137 (19 July 2024)

Court

Supreme Court

Case number

CO 114 of 2021

The Supreme Court partly granted an application to amend criminal charges, allowing amended counts 1-9 and striking out defective counts, while leaving money-laundering counts subject to constitutional review.

• Amendment of charges
• Money laundering
• Official corruption
• Abuse of process
• Fair trial rights
• Amendment-of-charges

Read case analysis

Government of Seychelles v Bordino (MA 16 of 2023 (Arising in MC 18 of 2019))

Government of Seychelles v Bordino (MA 16 of 2023 (Arising in MC 18 of 2019)) [2024] SCSC 113 (19 July 2024)

Court

Supreme Court

Case number

MA 16 of 2023 (Arising in MC 18 of 2019)

The court found that all statutory requirements under Section 5(1) of POCA were satisfied, with no pending appeals or applications and no injustice to any party, justifying the unconditional transfer of the property to the Republic.

Source excerpt

• Disposal order
• Confiscation of property
• Interlocutory orders

Read case analysis

Ver v Smart Vega Holdings Ltd (MA 162 of 2024 (Arising in CS 102 of 2022))

Ver v Smart Vega Holdings Ltd (MA 162 of 2024 (Arising in CS 102 of 2022)) [2024] SCSC 109 (18 July 2024)

Court

Supreme Court

Case number

MA 162 of 2024 (Arising in CS 102 of 2022)

The court found that res judicata does not apply because there is no final judgment on the merits of the main case. However, the court held that the application constitutes an abuse of process because the applicant is seeking to re-litigate an issue already decided by the court, thereby misusing the court's process and prejudicing the respondent's ability to prepare a defence. The court is functus officio on the issue and allowing the application would be improper.

Source excerpt

• Res judicata
• Abuse of process
• Admission of fresh evidence

Read case analysis