Seychelles Case Law

MacQueen v Pierre & Anor (MC 6 of 2023)

MacQueen v Pierre & Anor (MC 6 of 2023) [2024] SCSC 215 (9 February 2024)

Court

Supreme Court

Case number

MC 6 of 2023

The 1st Respondent should be removed as executor because his appointment was based on inaccurate information and misrepresentation regarding his status as an heir, and had the court been provided with all relevant documents, it would not have appointed him. The estate is not fully resolved, and the 1st Respondent's lack of communication and concealment of heirs further justify removal.

Source excerpt

• Removal of executor
• Lawful interest in estate
• Fiduciary duty
• Fraudulent misrepresentation
• Procedural defects in affidavits

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R v Victor (CR 49 of 2022)

R v Victor (CR 49 of 2022) [2024] SCSC 13 (9 February 2024)

Court

Supreme Court

Case number

CR 49 of 2022

The Seychelles Supreme Court sentenced a first-time offender who pleaded guilty to possessing 1,543.6 grams of cannabis resin, imposing a suspended term and fine.

• Possession of controlled drugs
• Sentencing
• Mitigation
• Drug dependency
• Criminal-sentencing
• Drug-possession

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R v EP (CR 57 of 2020)

R v EP (CR 57 of 2020) [2024] SCSC 128 (5 February 2024)

Court

Supreme Court

Case number

CR 57 of 2020

The court found that the prosecution proved beyond reasonable doubt that the accused recorded and possessed prohibited visual recordings of private sexual acts without the complainant's consent, based on credible testimony, forensic evidence, and corroborating circumstances. The court found no evidence of threatening violence as defined under section 89(a) and acquitted the accused on that count.

Source excerpt

• Prohibited recordings of private acts
• Possession of prohibited visual recordings
• Threatening violence
• Fair trial rights

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R v Marie (CR 49 of 2022)

R v Marie (CR 49 of 2022) [2024] SCSC 34 (5 February 2024)

Court

Supreme Court

Case number

CR 49 of 2022

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Source excerpt

• Content Filtered

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R v Lawen (CO 20 of 2022)

R v Lawen (CO 20 of 2022) [2024] SCSC 12 (5 February 2024)

Court

Supreme Court

Case number

CO 20 of 2022

The Supreme Court of Seychelles refused the prosecution’s late application to amend Count 1 after the close of its case, finding the change would prejudice the accused.

• Amendment of charge
• Prejudice to accused
• Timing of amendments
• Amendment-of-charge
• Criminal-procedure
• Prejudice-to-accused

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Pillay v Lablache (MA 298 of 2017 (Arising in DV 20 of 2016))

Pillay v Lablache (MA 298 of 2017 (Arising in DV 20 of 2016)) [2024] SCSC 30 (2 February 2024)

Court

Supreme Court

Case number

MA 298 of 2017 (Arising in DV 20 of 2016)

The Court found that the petitioner transferred properties to the parties' children during divorce proceedings with the intention of defeating the respondent's claim for financial relief, and that the respondent made substantial contributions (monetary and in kind) to the acquisition, maintenance, and improvement of the properties during cohabitation and marriage. Applying anti-avoidance provisions, the Court set aside the transfer of parcel V1332 to the children, ordered its reversion to the petitioner and subsequent transfer to the respondent, and adjusted ownership of other properties acco…

Source excerpt

• Matrimonial property
• Division of assets
• Anti-avoidance of property transfers
• Co-ownership
• Equitable distribution

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Quilindo v Sicobo (MA 276 of 2023)

Quilindo v Sicobo (MA 276 of 2023) [2024] SCSC 141 (2 February 2024)

Court

Supreme Court

Case number

MA 276 of 2023

The Supreme Court of Seychelles set aside an ex parte hearing in a matrimonial property dispute, relying on inherent jurisdiction and the right to be heard.

• Setting aside ex parte hearing
• Matrimonial property division
• Inherent jurisdiction
• Right to fair hearing
• Ex-parte-hearing
• Matrimonial-property

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R v Isidore (CO 1 of 2023)

R v Isidore (CO 1 of 2023) [2024] SCSC 11 (1 February 2024)

Court

Supreme Court

Case number

CO 1 of 2023

The Supreme Court of Seychelles declined to refer a fair-trial disclosure issue to the Constitutional Court over late-added prosecution witnesses.

• Right to fair trial
• Disclosure of evidence
• Amendment of witness list
• Referral to constitutional court
• Right-to-fair-trial
• Disclosure-of-evidence

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R v Valabhji & Ors (CO 4 of 2022)

R v Valabhji & Ors (CO 4 of 2022) [2024] SCSC 8 (31 January 2024)

Court

Supreme Court

Case number

CO 4 of 2022

The Supreme Court held that Seychelles disclosure duties do not require mirror images of seized electronic devices; material extracted from them was enough.

• Disclosure obligations
• Electronic evidence
• Fair trial rights
• Criminal-procedure
• Electronic-evidence
• Disclosure-obligations

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Low-Lam & Anor v Pillay (MA 358 of 2023 (Arising in CS 128 of 2022))

Low-Lam & Anor v Pillay (MA 358 of 2023 (Arising in CS 128 of 2022)) [2024] SCSC 26 (30 January 2024)

Court

Supreme Court

Case number

MA 358 of 2023 (Arising in CS 128 of 2022)

The applicant satisfied the threshold for an inhibition order by demonstrating risk of disposal of the suit properties, potential for the suit to be rendered nugatory, and existence of an arguable case. The court exercised its discretion to grant the inhibition order to preserve the status quo pending determination of the main suit.

Source excerpt

• Inhibition order
• Preservation of property
• Interlocutory relief

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