Seychelles Case Law

Ex-parte Beau-Vallon Properties Ltd v Bhasin (SCA MA 03/2024)

Ex-parte Beau-Vallon Properties Ltd v Bhasin (SCA MA 03/2024) [2024] (Arising in SCA 02/2022) & (SCA 02/2022) [2024] (Arising in CA11/2018) (3 May 2024) ((SCA MA 03/2024) [2024] (Arising in SCA 02/2022) & (SCA 02/2022) [2024] (Arising in CA11/2018) (3 May 2024)) [2024] SCCA 4 (3 May 2024)

Court

Court of Appeal

Case number

(SCA MA 03/2024) [2024] (Arising in SCA 02/2022) & (SCA 02/2022) [2024] (Arising in CA11/2018) (3 May 2024)

The Court of Appeal dismissed an application to adjourn an appeal and seek service out of jurisdiction, finding no exceptional circumstances and procedural non-compliance.

• Adjournment of proceedings
• Service out of jurisdiction
• Appeal timelines
• Employment dispute
• Stay of execution
• Adjournment-of-proceedings

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Rouillon v Valmont (SCA 20/2023)

Rouillon v Valmont (SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024) ((SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024)) [2024] SCCA 11 (3 May 2024)

Court

Court of Appeal

Case number

(SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024)

The Court of Appeal held that jointly titled property owned by de facto spouses is subject to Article 815 co-ownership rules, with equal shares presumed absent rebuttal.

• Co-ownership
• De facto relationships
• Division of property
• Presumption of equality
• Plea in limine litis
• Prescription

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Gobine v Gobine (SCA 18/2023)

Gobine v Gobine (SCA 18/2023) [2024] ((SCA 18/2023) [2024] (Arising in DC 224/2019) (3 May 2024)) [2024] SCCA 12 (3 May 2024)

Court

Court of Appeal

Case number

(SCA 18/2023) [2024] (Arising in DC 224/2019) (3 May 2024)

The Court of Appeal of Seychelles upheld equal division of matrimonial property, but quashed the loan-payment order and extended payment time to six months.

• Matrimonial property adjustment
• Division of matrimonial assets
• Co-ownership
• Financial relief on divorce
• Matrimonial-property-adjustment
• Division-of-matrimonial-assets

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Jacintha Volcere & Others v The Attorney General & Others (SCA MA 06/2024) Arising in

Jacintha Volcere & Others v The Attorney General & Others (SCA MA 06/2024) Arising in [2023] SCA 16 of 2023 & SCA 16 of 2023 [2024] (Consolidated) (Appeal from CS 122/2021) ((3 May 2024) (2024) [2024] SCCA 17 (3 May 2024)

Court

Court of Appeal

Case number

2024

The Court of Appeal of Seychelles addressed standing, procedure, and witness age in a challenge to a marriage’s validity, dismissing the appeal.

• Nullity of marriage
• Locus standi
• Procedural form
• Witness qualification
• Reasonable cause of action
• Nullity-of-marriage

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SJ v R (SCA CR 15/2023 & SCA CR MA 05/2024

SJ v R (SCA CR 15/2023 & SCA CR MA 05/2024 [2024] (Arising in CR 17/2021) (3 May 2024) (SJ v R (SCA CR 15/2023; SCA CR MA 05/2024 [2024] (Arising in CR 17/2021) (3 May 2024)) [2024] SCCA 7 (3 May 2024)

Court

Court of Appeal

Case number

SJ v R (SCA CR 15/2023; SCA CR MA 05/2024 [2024] (Arising in CR 17/2021) (3 May 2024)

The Court of Appeal of Seychelles dismissed a criminal appeal against convictions for sexual assault of a minor and upheld the five-year concurrent sentences.

• Sexual assault
• Appeals
• Procedural rules
• Evidence
• Credibility of witnesses
• Criminal-appeal

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AH v R (SCA CR 20/2023)

AH v R (SCA CR 20/2023) [2024] (Arising in CO 69/2019) (3 May 2024) ((SCA CR 20/2023) [2024] (Arising in CO 69/2019) (3 May 2024)) [2024] SCCA 5 (3 May 2024)

Court

Court of Appeal

Case number

(SCA CR 20/2023) [2024] (Arising in CO 69/2019) (3 May 2024)

Appeal against a sexual assault conviction allowed after the Court of Appeal held the trial court had not properly evaluated the defence case or the evidence as a whole.

• Sexual offences
• Assessment of evidence
• Credibility of witnesses
• Standard of proof
• Appeals procedure
• Sexual-offences

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R v Labrosse (SCA CR 12/2023)

R v Labrosse (SCA CR 12/2023) [2024] ((Arising in CR 60/2021) (3 May 2024)) [2024] SCCA 15 (3 May 2024)

Court

Court of Appeal

Case number

(Arising in CR 60/2021) (3 May 2024)

The mens rea for sexual assault under section 130 requires both intention to commit the act and knowledge that the victim does not consent. Section 130(3)(c) creates a rebuttable presumption regarding incapacity to consent, with the burden on the prosecution to prove incapacity. A forensic psychologist’s report is admissible and corroborative but not conclusive; the judge must independently assess all evidence to determine incapacity to consent.

Source excerpt

• Sexual assault
• Mens rea
• Consent
• Expert evidence
• Forensic psychology

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Complete Energy Solutions Limited v Vetivert Tech (Pty) Ltd (SCA 22/2023)

Complete Energy Solutions Limited v Vetivert Tech (Pty) Ltd (SCA 22/2023) [2024] ((SCA 22/2023) [2024] (Arising in MA 298/2021 Out of MC 31/2021) (3 May 2024)) [2024] SCCA 13 (3 May 2024)

Court

Court of Appeal

Case number

(SCA 22/2023) [2024] (Arising in MA 298/2021 Out of MC 31/2021) (3 May 2024)

Articles 146-150 of the Commercial Code, which domesticate the New York Convention, have been in force since 1977 and do not require further ratification or domestication by the National Assembly. The correct procedure for enforcement of a foreign arbitral award under the New York Convention is set out in Article 149 of the Commercial Code, and does not require leave of the Supreme Court or an affidavit unless specifically provided. The requirements for authentication and certification of the award and arbitration agreement were met. The grounds of appeal fail.

Source excerpt

• Recognition and enforcement of foreign arbitral awards
• New york convention
• Domestication and ratification of treaties
• Procedure for enforcement of arbitral awards
• Status of international law in seychelles

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Hathor Labs v Peken Global Limited & Anor (MC 13 of 2023)

Hathor Labs v Peken Global Limited & Anor (MC 13 of 2023) [2024] SCSC 116 (30 April 2024)

Court

Supreme Court

Case number

MC 13 of 2023

The application to vary or discharge the interlocutory order can be brought as a standalone matter by a third party under section 4(3) of POCCA; the applicant has standing as 'any other person'; however, the application is premature as it effectively seeks a disposal order under section 5, which is not available at this stage; the affidavit is not defective as the jurat follows the last paragraph as required.

Source excerpt

• Proceeds of crime
• Civil confiscation
• Interlocutory orders
• Standing
• Affidavit formalities

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The Attorney General v The Estate of the Late Andre Delhomme (MA 278 of 2023 (Arising in CS 79 of 2020))

The Attorney General v The Estate of the Late Andre Delhomme (MA 278 of 2023 (Arising in CS 79 of 2020)) [2024] SCSC 70 (26 April 2024)

Court

Supreme Court

Case number

MA 278 of 2023 (Arising in CS 79 of 2020)

Supreme Court judgment in The Attorney General v The Estate of the Late Andre Delhomme, recorded as MA 278 of 2023 arising in CS 79 of 2020.

• Family-law

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