Seychelles Case Law

The Attorney General v Krishnamart &Company Proprietary Limited (SCA 15/2025 (Arising in MA 288/2024 out of CS 88 of 2024))

The Attorney General v Krishnamart &Company Proprietary Limited (SCA 15/2025 (Arising in MA 288/2024 out of CS 88 of 2024)) [2025] SCCA 31 (15 December 2025)

Court

Court of Appeal

Case number

SCA 15/2025 (Arising in MA 288/2024 out of CS 88 of 2024)

The statutory framework for substituted service under section 42 SCCP is exhaustive and requires a factual nexus between the address used and the defendant. The judge’s discretion to refuse substituted service was properly exercised where there was no evidence that affixing the summons at the last known business address would bring notice to the respondent, and ownership or ongoing association with the premises was lacking.

Source excerpt

• Substituted service
• Service of process
• Corporate defendants
• Statutory interpretation

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Fanchette v The Attorney General (SCA14/2025 (Arising from CS 84/ 2022))

Fanchette v The Attorney General (SCA14/2025 (Arising from CS 84/ 2022)) [2025] SCCA 28 (15 December 2025)

Court

Court of Appeal

Case number

SCA14/2025 (Arising from CS 84/ 2022)

The Court of Appeal held that Mr Fanchette’s salary reduction was unlawful because the Special Constable office had not been lawfully abolished.

• Abolition of public office
• Unilateral reduction of salary
• Delict
• Damages
• Acquiescence
• Promissory estoppel

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Aux Cayes Fin Tech Co Ltd v Liu ([2025] Civil Appeal SCA 17/2025 (15 December 2025) (Arising in MA 34/2024 out of CS125 of 2023))

Aux Cayes Fin Tech Co Ltd v Liu ([2025] Civil Appeal SCA 17/2025 (15 December 2025) (Arising in MA 34/2024 out of CS125 of 2023)) [2025] SCCA 23 (15 December 2025)

Court

Court of Appeal

Case number

[2025] Civil Appeal SCA 17/2025 (15 December 2025) (Arising in MA 34/2024 out of CS125 of 2023)

The appellant failed to demonstrate that the trial judge misapplied the law, overlooked relevant considerations, or reached a plainly unreasonable conclusion. The judge’s assessment that the claimed sums were oppressive and inadequately substantiated was justified, and the quantum of SCR 5,000 was within the reasonable exercise of judicial discretion under section 219 SCCP.

Source excerpt

• Security for costs
• Appellate review
• Discretion of court
• Quantum of security
• Non-resident plaintiff

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Ernesta v R ([2024] (15 December 2025) SCA CR 08/2025 (Arising in CR 52/2021))

Ernesta v R ([2024] (15 December 2025) SCA CR 08/2025 (Arising in CR 52/2021)) [2025] SCCA 26 (15 December 2025)

Court

Court of Appeal

Case number

[2024] (15 December 2025) SCA CR 08/2025 (Arising in CR 52/2021)

The Court of Appeal dismissed Patrick Ernesta’s appeal as abandoned after he failed to show sufficient cause for late filing of heads of argument.

• Recusal of judge
• Court rules compliance
• Condonation of delay
• Judicial bias
• Appeal procedure
• Condonation-of-delay

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Gonzalves v Seychelles Investment Board ([2025] (15 December 2025) SCA 25/2025 (Arising in MA 155/2025 and MC 63/2025))

Gonzalves v Seychelles Investment Board ([2025] (15 December 2025) SCA 25/2025 (Arising in MA 155/2025 and MC 63/2025)) [2025] SCCA 22 (15 December 2025)

Court

Court of Appeal

Case number

[2025] (15 December 2025) SCA 25/2025 (Arising in MA 155/2025 and MC 63/2025)

The Court of Appeal has no jurisdiction to entertain an appeal as of right against the refusal of leave to proceed with judicial review; Rule 8 of the Rules 1995 requires leave of the Supreme Court before such an appeal can be filed. The Appellant did not comply with this requirement, and there was no reviewable decision exhibited. The learned Judge was correct in refusing leave to proceed with judicial review.

Source excerpt

• Supervisory jurisdiction
• Judicial review
• Leave to appeal
• Jurisdiction
• Right of appeal

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Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited (MC 59 of 2024)

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited (MC 59 of 2024) [2025] SCSC 141 (23 October 2025)

Court

Supreme Court

Case number

MC 59 of 2024

The Supreme Court of Seychelles upheld locus standi and granted a 12-month inhibition over disputed Eden Island parcels, but dismissed the injunction.

• Inhibition orders
• Injunctions
• Locus standi
• Arbitration
• Associations law
• Inhibition-orders

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Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited (MA 41 of 2025 (Arising in MC 59 of 2024))

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited (MA 41 of 2025 (Arising in MC 59 of 2024)) [2025] SCSC 140 (23 October 2025)

Court

Supreme Court

Case number

MA 41 of 2025 (Arising in MC 59 of 2024)

The court held that a valid arbitration agreement existed and appointed a sole arbitrator under the Commercial Code after the parties failed to agree within one month.

• Appointment of arbitrator
• Interpretation of arbitration clause
• Jurisdiction of arbitral tribunal
• Procedural requirements for arbitration
• Arbitration
• Appointment-of-arbitrator

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Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited & Anor (MA 40 of 2025 (Arising in MC59 of 2024))

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited & Anor (MA 40 of 2025 (Arising in MC59 of 2024)) [2025] SCSC 139 (23 October 2025)

Court

Supreme Court

Case number

MA 40 of 2025 (Arising in MC59 of 2024)

The Supreme Court of Seychelles dismissed a contempt application, finding no clear court order or unequivocal undertaking to maintain the status quo over disputed land parcels.

• Contempt of court
• Undertakings
• Injunctions
• Land registration
• Easements
• Contempt-of-court

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Phara Sophia Bothe & Ors v Robert Noddyn & Anor (MA28/2024) (MA 28 of 2024)

Phara Sophia Bothe & Ors v Robert Noddyn & Anor (MA28/2024) (MA 28 of 2024) [2025] SCSC 137 (14 October 2025)

Court

Supreme Court

Case number

MA 28 of 2024

The plea in limine litis is not dismissed and shall be heard together with the merits of the application, as the defect in production of the judgment is curable and the point of law was raised both as a preliminary issue and on the merits.

Source excerpt

• Civil imprisonment
• Judgment enforcement
• Limitation period
• Plea in limine litis

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Valabhji v The Republic & Ors (CP 12 of 2022)

Valabhji v The Republic & Ors (CP 12 of 2022) [2025] SCCC 8 (30 September 2025)

Court

Constitutional Court

Case number

CP 12 of 2022

The Constitutional Court dismissed a request for further and better particulars, holding it was time-barred and unnecessary at the stage of the petition.

• Further and better particulars
• Time-bar
• Court discretion
• Further-and-better-particulars
• Court-discretion
• Constitutional-petitions

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