Hunt v Hunt (MC 23 of 2023)
Hunt v Hunt (MC 23 of 2023) [2024] SCSC 28 (1 March 2024)
Supreme Court of Seychelles judgment in Hunt v Hunt, case MC 23 of 2023, decided on 1 March 2024 and reported as [2024] SCSC 28.
- Legal-procedure
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Underwood v Pool (CS 41 of 2023)
Underwood v Pool (CS 41 of 2023) [2024] SCSC 25 (29 February 2024)
A Seychelles court rejected a major encroachment claim, found only minor trespass, and awarded the defendant SR8,000 in damages with costs.
- Encroachment
- Trespass
- Damages
- Survey disputes
- Property-law
- Survey-disputes
Jumaye & Anor v De Matos (CS 2 of 2023)
Jumaye & Anor v De Matos (CS 2 of 2023) [2024] SCSC 35 (28 February 2024)
The Supreme Court of Seychelles rescinded a land transfer after finding the defendant failed to fulfill the promised rebuilding consideration, and awarded nominal damages.
- Land transfer
- Consideration
- Rescission
- Damages
- Contract-law
- Property-law
R v Khudabin (CO 43 of 2022)
R v Khudabin (CO 43 of 2022) [2024] SCSC 23 (26 February 2024)
The Supreme Court of Seychelles dismissed a bail application, finding no change of circumstances and holding that risks of absconding, re-offending, and witness interference remained.
- Bail
- Remand
- Presumption of innocence
- Change of circumstances
- Risk of absconding
- Risk of re-offending
Underwood v Michel (CS 41 of 2023)
Underwood v Michel (CS 41 of 2023) [2024] SCSC 89 (19 February 2024)
The court found a building contractor materially breached a construction contract and ordered refund of SCR 1,000,000 with interest and costs.
- Rescission of contract
- Refund of contract sum
- Breach of contract
- Performance in good faith
- Contract-law
- Breach-of-contract
R v Madeleine (CO 4 of 2023)
R v Madeleine (CO 4 of 2023) [2024] SCSC 21 (16 February 2024)
Sentencing in a cocaine trafficking case: the court imposed a suspended prison term, a fine, and forfeiture, considering age, health, and a guilty plea.
- Drug offences
- Sentencing
- Mitigation
- Drug-offences
- Forfeiture
R v Makavita Liyanage Dilesh (CR 99 of 2023)
R v Makavita Liyanage Dilesh (CR 99 of 2023) [2024] SCSC 32 (16 February 2024)
The Supreme Court of Seychelles convicted a fisherman for using an unlicensed foreign vessel in Seychelles waters and imposed a fine with forfeiture consequences.
- Illegal fishing
- Mandatory minimum sentence
- Sentencing mitigation
- Forfeiture
- Illegal-fishing
- Sentencing
Hoareau v R ((Criminal Appeal SCA CR MA 09/2023)
Hoareau v R ((Criminal Appeal SCA CR MA 09/2023) [2024] (13 February 2024)) [2024] SCCA 2 (15 February 2024)
The application is incurably defective as the supporting affidavit was not sworn before a person legally entitled to take the oath, as required by law. The Commissioner of Prisons is not authorized to administer oaths for affidavits under Seychelles law.
Source excerpt
- Affidavits
- Bail pending appeal
- Jurisdiction of affidavit commissioners
Mahe Design and Build (Ply) Ltd v Hoevers (CS 13 of 2022)
Mahe Design and Build (Ply) Ltd v Hoevers (CS 13 of 2022) [2024] SCSC 15 (14 February 2024)
The Court cannot review or vary its prior order allowing the Defendant to file Defence on the merits as it is functus officio on that issue; the Plaintiff's application for judgment is denied.
Source excerpt
- Pleadings
- Defence on the merits
- Functus officio
- Points of law
Jolicoeur v Leon & Anor (MA 302 of 2023 (Arising in CS 121 of 2021))
Jolicoeur v Leon & Anor (MA 302 of 2023 (Arising in CS 121 of 2021)) [2024] SCSC 14 (14 February 2024)
The Supreme Court granted leave to amend a plaint to reflect sale of a damaged vehicle, finding no abuse of process or impermissible change in the nature of the suit.
- Amendment of pleadings
- Jurisdiction
- Abuse of process
- Costs
- Amendment-of-pleadings
- Civil-procedure
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