Seychelles Case Law

Smart Vega Holding Ltd v Ver (MA 271 of 2023 (Arising in CS 102 of 2022))

Smart Vega Holding Ltd v Ver (MA 271 of 2023 (Arising in CS 102 of 2022)) [2024] SCSC 110 (18 July 2024)

Court

Supreme Court

Case number

MA 271 of 2023 (Arising in CS 102 of 2022)

The Respondent is a non-resident with no assets in Seychelles, and the affidavit in reply was fatally defective for failing to exhibit the emails relied upon. The requirements for security for costs are met, but the amount sought by the Applicant is excessive and could be oppressive. The Court exercises its discretion to grant the application but reduces the amount to a reasonable sum to avoid stifling a genuine claim.

Source excerpt

• Security for costs
• Non-resident litigants
• Affidavit evidence
• Discretion of court
• Pleadings

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Atom Holdings v AAX Limited (MC 36 of 2023)

Atom Holdings v AAX Limited (MC 36 of 2023) [2024] SCSC 149 (16 July 2024)

Court

Supreme Court

Case number

MC 36 of 2023

The Petitioner established locus standi as creditor and shareholder, the Respondent was found insolvent, and it was just and equitable to wind up the company under sections 310(e) and 310(g) of the IBC Act.

Source excerpt

• Winding up of company
• Appointment of liquidators
• Corporate insolvency
• Just and equitable grounds

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Lablache v ANEM Pallagames Limited and Anor (MC 69 of 2021)

Lablache v ANEM Pallagames Limited and Anor (MC 69 of 2021) [2024] SCSC 145 (15 July 2024)

Court

Supreme Court

Case number

MC 69 of 2021

Minority shareholder petition dismissed after the court found no oppression or unfair prejudice in the company’s informal management and disinvestment decisions.

• Minority shareholder protection
• Oppression
• Unfair prejudice
• Corporate governance
• Company-law
• Minority-shareholder-protection

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Edita Laouce v Julita Rath (CS 21 of 2020)

Edita Laouce v Julita Rath (CS 21 of 2020) [2024] SCSC 144 (15 July 2024)

Court

Supreme Court

Case number

CS 21 of 2020

The action is prescribed by law under Article 1304 of the Civil Code of Seychelles, as the suit was filed more than five years after the discovery of the alleged fraud. The pleas of res judicata and abuse of process are dismissed as the cause of action differs from the previous suit and there is no evidence of manipulation or misuse of court process.

Source excerpt

• Prescription
• Fraud
• Res judicata
• Abuse of process
• Contract nullity

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R v AL (CO 30 of 2023)

R v AL (CO 30 of 2023) [2024] SCSC 226 (15 July 2024)

Court

Supreme Court

Case number

CO 30 of 2023

The Supreme Court of Seychelles upheld a no-case-to-answer submission and acquitted the accused of two counts of sexual assault after finding the prosecution evidence inadequate.

• Sexual assault
• Burden of proof
• Standard of proof
• Submission of no case to answer
• Criminal-law
• Sexual-assault

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Hoff v Servina (MA 54 of 2024)

Hoff v Servina (MA 54 of 2024) [2024] SCSC 135 (10 July 2024)

Court

Supreme Court

Case number

MA 54 of 2024

The Supreme Court of Seychelles set aside an ex parte hearing order, finding the defendant acted promptly and that equity justified relief despite procedural defects.

• Ex parte proceedings
• Setting aside orders
• Affidavit defects
• Equitable jurisdiction
• Civil-procedure
• Ex-parte-proceedings

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Freminot v Albert & Anor (CS 69 of 2021)

Freminot v Albert & Anor (CS 69 of 2021) [2024] SCSC 143 (10 July 2024)

Court

Supreme Court

Case number

CS 69 of 2021

The Plaintiff was found to be the sole contributor to the property both before and after occupation, the first Defendant left voluntarily and did not suffer impoverishment, and there was no breach of the tenancy agreement by the Plaintiff. The first Defendant's counterclaim for unjust enrichment and damages failed as the legal requirements were not met.

Source excerpt

• Tenancy agreement
• Sole tenancy declaration
• Unjust enrichment
• Breach of lease
• Counterclaim dismissal

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R v William (CO 35 of 2022)

R v William (CO 35 of 2022) [2024] SCSC 131 (9 July 2024)

Court

Supreme Court

Case number

CO 35 of 2022

The Supreme Court of Seychelles sentenced Dwain William to 2 years’ imprisonment and a SCR 50,000 fine for aiding and abetting trafficking in heroin.

• Drug trafficking
• Sentencing
• Mitigation
• Aiding and abetting
• Drug-trafficking
• Aiding-and-abetting

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Kumykov & Anor v Attorney General (CS 81 of 2021)

Kumykov & Anor v Attorney General (CS 81 of 2021) [2024] SCSC 142 (8 July 2024)

Court

Supreme Court

Case number

CS 81 of 2021

The Supreme Court of Seychelles dismissed the first plaintiff’s claim over delayed COVID-19 travel clearance, and awarded the second plaintiff SCR 21,500 for moral damages.

• Delict
• Negligence
• Covid-19 protocols
• Damages
• Medical administration
• Covid-19

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Julie v Julie (MA 107 of 2024)

Julie v Julie (MA 107 of 2024) [2024] SCSC 118 (8 July 2024)

Court

Supreme Court

Case number

MA 107 of 2024

The Supreme Court dismissed an application to examine a witness by sworn statement, holding that age alone was not enough without evidence of illness or lawful impediment.

• Examination of witnesses
• Affidavit evidence
• Summons procedure
• Civil-procedure
• Evidence
• Witness-examination

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