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Seychelles decisions
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Ex Parte Dubignon & Ors (XP 38 of 2023) [2024] SCSC 41 (3 April 2024)
The court appointed a fiduciary for co-owned land V11757 and approved subdivision into three equal plots, with allocations agreed among the co-owners, including a minor.
Louise v Maria (MA 259 of 2023) [2024] SCSC 40 (2 April 2024)
The applicant demonstrated an arguable case and risk of the property being disposed of to her detriment, and refusal to grant inhibition would render the suit nugatory; the respondent's affidavit was not defective as most averments were within personal knowledge. Good reasons exist to grant inhibition under section 76(1) of the Land Registration Act.
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Prea v Family Tribunal (CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))) [2024] SCSC 94 (27 March 2024)
The Family Tribunal failed to follow due process by not framing a formal charge, not informing the appellant of the nature of the offence, and not providing adequate opportunity for defence or legal representation. The summary procedure was not justified in the circumstances, and the conviction was unsafe.
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R v Julie (CR 53 of 2023) [2024] SCSC 93 (26 March 2024)
Sentencing decision after a guilty plea to possession of cannabis under the Misuse of Drugs Act 2016. The court imposed a suspended prison term and a fine.
MF v LM (MC 83 of 2024) [2024] SCSC 219 (26 March 2024)
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Monthy v The Attorney General (MC 67 of 2023) [2024] SCSC 92 (25 March 2024)
The Supreme Court of Seychelles held it had discretion under Rule 5 to extend time for a notice of appeal and dismissed the respondent’s preliminary objection.
Government of Seychelles v Padayachy (MC 5 of 2024) [2024] SCSC 140 (22 March 2024)
Uncontested civil confiscation ruling under Seychelles proceeds of crime law granted a disposal order for a Honda Fit alleged to be proceeds of criminal conduct.
Shield Security v Dubignon (MC 90 of 2023) [2024] SCSC 16 (21 March 2024)
The Supreme Court dismissed an out-of-time appeal application and a stay request because the supporting affidavit was defective and no notice of appeal had been filed.
Rosebelle v Remoto (CA 3 of 2023) [2024] SCSC 100 (20 March 2024)
The Tribunal was correct in awarding food and shelter allowance based on the cost of living due to the compulsory obligation under the Employment Act, but erred in awarding it from 6th May 2021 instead of from the date of filing the application (28th January 2022). The Tribunal's computation should be varied accordingly. The monthly award from March 2023 is maintained as lawful and reasonable.
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R v Valabhji & Ors (CO 4 of 2022) [2024] SCSC 19 (19 March 2024)
The Supreme Court of Seychelles admitted mirrored electronic documents and related printouts, holding that the best evidence rule and chain of custody were satisfied.
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