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Seychelles decisions
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Lau-Tee v Lau-Tee (SCA MA 43 of 2023) [2023] SCCA 83 (18 December 2023)
The Court of Appeal corrected an accidental error in its earlier order on matrimonial property, giving effect to its intended division under Rule 13(2).
Uwaoma v R (Criminal Appeal CR SCA 5 of 2023) [2023] SCCA 74 (18 December 2023)
The sentence of 30 years' imprisonment is justified due to the large quantity of cocaine, the commercial nature of the offence, involvement of an organised group, and the appellant's lack of truthfulness and remorse. Mitigating factors do not outweigh the aggravating circumstances.
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Geers v R (SCA CR 02/2023) [2023] (Arising in CO 27/2017) ((SCA CR 02/2023) [2023] (Arising in CO 27/2017)) [2023] SCCA 65 (18 December 2023)
The Court of Appeal quashed Geers’ conviction for possession with intent to traffic, substituting simple possession, but upheld the cultivation conviction and sentence.
Mathiot v Maria (SCA 07/2023) [2023] (Arising in CS 29/2021) ((SCA 07/2023) [2023] (Arising in CS 29/2021)) [2023] SCCA 71 (18 December 2023)
The Court of Appeal of Seychelles quashed the order removing the appellant as executrix and reinstated her, holding the appointment was not unlawful.
Adela v Adela (SCA No.12/2023) [2023] ((SCA No.12/2023) [2023] (Arising in [2023] SCSC 135 CS No. 97/2020)) [2023] SCCA 66 (18 December 2023)
The Court of Appeal dismissed Betty Adela’s appeal and upheld the Supreme Court’s award of SR 25,000 for proven home improvements as a tiers de bonne foi.
Savoy Development Limited v Salum (SCA 19/2023) [2023] (Arising in SCA MA 44/2023) (18 December 2023) ((SCA 19/2023) [2023] (Arising in SCA MA 44/2023) (18 December 2023)) [2023] SCCA 59 (18 December 2023)
Court of Appeal upheld the existing rulings and rejected the appeal as out of time, finding no basis to challenge both the leave refusal and the substantive decision.
Hoareau v The Curator (SCA 27/2022) [2023] (Arising in Ex P 53/2021) (18 December 2023) ((SCA 27/2022) [2023] (Arising in Ex P 53/2021) (18 December 2023)) [2023] SCCA 60 (18 December 2023)
The Court of Appeal held that no court declaration is needed to establish absentee status under the Curatelle Act 2021, and that section 6 notice requirements were not met.
Labiche & Anor v R (SCA CR 6 of 2023; SCA CR 7 of 2023) [2023] SCCA 85 (18 December 2023)
The confessions were properly admitted after voir dire as there was no credible evidence of oppression or involuntariness; the evidence against the appellant was overwhelming and corroborated; the sentences imposed were appropriate given the brutality and circumstances of the crime.
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Uwaoma v R (SCA CR 05/2023) [2023] (Arising in CR 56/2023) ((SCA CR 05/2023) [2023] (Arising in CR 56/2023)) [2023] SCCA 82 (18 December 2023)
The sentence of 30 years’ imprisonment is justified due to the large quantity of cocaine imported, the commercial element, and the involvement of an organised group. Mitigating factors do not outweigh the aggravating circumstances. The appellant’s lack of truthfulness and disrespect to the court further diminish mitigation. The sentence is not harsh or excessive in the circumstances.
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Sinon v Public Utilities Corporation and Anor (SCA 25/2022) [2023] (Arising in CS 1/2015) (18 December 2023) ((SCA 25/2022) [2023] (Arising in CS 1/2015) (18 December 2023)) [2023] SCCA 68 (18 December 2023)
The Court of Appeal held that the trial ruling and judgment were invalid because they were based on an outdated plaint. The matter was quashed and remitted.
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