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Seychelles decisions
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R v Namatovu (CR 86 of 2023) [2024] SCSC 57 (13 May 2024)
The Supreme Court of Seychelles sentenced a first-time offender to 10 years’ imprisonment for importing 500.50 grams of cocaine, with no remission.
R v Kawinga (CR 80 of 2023) [2024] SCSC 58 (13 May 2024)
Despite mitigating factors, the seriousness of the offence and its impact on society require a custodial sentence to deter similar crimes and protect the community.
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Tony Lablache & Anor v Josianne Vital SCA 26/2023 (Arising in CA 02 of 2023 out of RB 14/2022)) [2024] SCCA 18 (3 May 2024)
Court of Appeal appeal arising from a Rent Board matter. The court affirmed dismissal of the challenge and held the CRTA Act barred further appeal.
Richet & Others vs. Payet (SCA 21 of 2023) [2024] (Arising in CS 96/2021). (3 May 2024) ((SCA 21 of 2023) [2024] (Arising in CS 96/2021). (3 May 2024)) [2024] SCCA 9 (3 May 2024)
The Court of Appeal dismissed an appeal for restitution arising from an illegal property arrangement, holding the appellants were barred by their own fault and the land was forfeited.
Yangtze Construction Co Pty Limited v Commissioner General (SCA 24/23) [2024] (Arising in CC 07/2019) ((SCA 24/23) [2024] (Arising in CC 07/2019)) [2024] SCCA 10 (3 May 2024)
The appellant failed to follow the statutory procedure for objecting to and challenging the tax assessments and did not raise any objection within the prescribed period. The Supreme Court, in a tax recovery action, is precluded by law from re-opening or reviewing the merits of the assessment. The evidence established that the appellant was properly served and had notice of its tax obligations. All grounds of appeal fail and the appeal is dismissed.
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The Seychelles Human Rights Commission and Others v The Speaker of the National Assembly of Seychelles and Others (SCA CL 04/2023) [2024] ((Arising in CP 07/2022) (3 May 2024)) [2024] SCCA 14 (3 May 2024)
The Constitutional Court erred in dismissing the recusal motion as frivolous and vexatious without following the Recusal Guidelines, failed to provide a fair hearing to the judges concerned, and misapplied the doctrine of necessity and duty to hear. The proper procedure requires all judges whose recusal is sought to place their views on record, and if necessary, for acting judges to be appointed to ensure an impartial bench.
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Cornelis L Hoevers v Rachel F Hoevers (nee Alphonse) SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024) (SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024)) [2024] SCCA 16 (3 May 2024)
The proven acts of violence and damaging property by the Respondent, even if provoked, constitute unreasonable behaviour under Article 230(1)(b) of the Civil Code Act, 2020. The Appellant cannot reasonably be expected to continue living with the Respondent. The trial judge erred in requiring a pattern or prolonged period of behaviour and in accepting provocation as justification. The requirements for dissolution of marriage under Article 231(1) were met, and the procedural delay in filing heads of argument was condoned due to the case's jurisprudential value and lack of prejudice to the Respo…
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Payet v R (SCA CR 08/2023 and SCA CR MA 04/2024 [2024] (Arising in CR 64/2018) (3 May 2024) ((SCA CR 08/2023 and SCA CR MA 04/2024 [2024] (Arising in CR 64/2018) (3 May 2024)) [2024] SCCA 6 (3 May 2024)
The Court of Appeal of Seychelles dismissed a drug-conspiracy appeal, upholding conviction and sentence, and refused to condone the respondent’s late filing.
Cocktail (Proprietary) Limited t/a Excel Motors vs. Simeon (SCA 23/2023) (Arising in SCSC 456 CA 4/2022 out of ET 16/2021). ((SCA 23/2023) (Arising in SCSC 456 CA 4/2022 out of ET 16/2021).) [2024] SCCA 8 (3 May 2024)
The Respondent's dismissal was unlawful as the alleged misconduct was not established as a serious disciplinary offence and the employer failed to follow mandatory procedures. The compensatory award stands as there was no evidence of post-dismissal earnings. The award of interest is quashed as it was not pleaded.
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Commercial House One (Seychelles) Ltd v Eden Island Development Company Ltd and Anor (SCA 29/2023) [2024] (Arising in CS 98/2022) (3 May 2024) ((SCA 29/2023) [2024] (Arising in CS 98/2022) (3 May 2024)) [2024] SCCA 3 (3 May 2024)
The Court of Appeal held that the new suit was not res judicata, but it was an abuse of process because it relitigated the same pontoon dispute.
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