Seychelles Case Law

Reference by the Attorney General under Section 342A of the Criminal Procedure Code – Criminal Appeal (SCA CR 02/2025

Reference by the Attorney General under Section 342A of the Criminal Procedure Code – Criminal Appeal (SCA CR 02/2025 [2025] (Arising in CO 11/2024)) [2025] SCCA 15 (18 August 2025)

Court

Court of Appeal

Case number

SCA CR 02/2025 [2025] (Arising in CO 11/2024)

The correct legal standard for a prima facie case in illegal fishing prosecutions is whether the prosecution has adduced credible evidence on each element of the offence, including through circumstantial evidence, such that a reasonable tribunal might convict. The trial judge erred by requiring documentary corroboration as the sole admissible evidence for the vessel's location and by excluding relevant demonstrative evidence. The prosecution's evidence, including eyewitness testimony, photographic evidence, and statutory presumptions, was sufficient to establish a prima facie case. The no cas…

Source excerpt

• Prima facie case
• No case to answer submission
• Illegal fishing
• Judicial impartiality
• Professional conduct of legal practitioners

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Pointe v Payet (MA 29/2025 (Arising in DV 16/2024))

Pointe v Payet (MA 29/2025 (Arising in DV 16/2024)) [2025] SCSC 107 (13 August 2025)

Court

Supreme Court

Case number

MA 29/2025 (Arising in DV 16/2024)

The applicant failed to satisfy all conditions for an inhibition order over all parcels sought, as most are either company-owned (separate legal personality) or encumbered by charges, negating risk of alienation. However, the applicant established an arguable case and possible beneficial interest in certain parcels registered in the respondent's name, justifying inhibition over those specific properties pending final determination.

Source excerpt

• Matrimonial property
• Inhibition orders
• Corporate personality
• Constructive trusts

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R v DYC (CO 81 of 2023)

R v DYC (CO 81 of 2023) [2025] SCSC 131 (12 August 2025)

Court

Supreme Court

Case number

CO 81 of 2023

Sentencing judgment for sexual assault of a 13-year-old victim. The Supreme Court of Seychelles imposed 8 years’ imprisonment, with remand time deducted.

• Sexual assault
• Sentencing
• Mitigation
• Child protection
• Sexual-assault
• Criminal-law

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R v Pool (02 of 2022)

R v Pool (02 of 2022) [2025] SCSC 108 (12 August 2025)

Court

Supreme Court

Case number

02 of 2022

The Supreme Court of Seychelles acquitted the accused of manslaughter but convicted him of dangerous driving causing death, failing to stop after an accident, and reckless driving.

• Manslaughter
• Dangerous driving
• Failure to stop after accident
• Reckless and negligent acts
• Dangerous-driving
• Failure-to-stop-after-accident

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Valabhji & Anor v Republic & Anor (MA 119 of 2025 (Arising in CP 05 of 2025))

Valabhji & Anor v Republic & Anor (MA 119 of 2025 (Arising in CP 05 of 2025)) [2025] SCCC 7 (1 August 2025)

Court

Constitutional Court

Case number

MA 119 of 2025 (Arising in CP 05 of 2025)

The Constitutional Court lacks jurisdiction to grant a stay of proceedings in the absence of a referral from the trial court under Article 46(7) of the Constitution. The Applicants' remedy lies in appeal, not in a fresh constitutional petition. No legal or factual basis exists for the stay, and the application constitutes an abuse of process.

Source excerpt

• Stay of proceedings
• Recusal of judges
• Right to fair hearing
• Jurisdiction
• Referral procedure

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Cork & Anor v Corbett & Ors (MA 149 of 2025 (Arising in СС 71 of 2025))

Cork & Anor v Corbett & Ors (MA 149 of 2025 (Arising in СС 71 of 2025)) [2025] SCSC 126 (25 July 2025)

Court

Supreme Court

Case number

MA 149 of 2025 (Arising in СС 71 of 2025)

Supreme Court of Seychelles judgment in Cork & Anor v Corbett & Ors, decided on 25 July 2025. The supplied record contains no substantive text or reasoning.

• Legal-procedure

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In the matter of Sangatta Holdings Limited and in the matter of the Companies Act 1972 (CC 17 of 2025)

In the matter of Sangatta Holdings Limited and in the matter of the Companies Act 1972 (CC 17 of 2025) [2025] SCSC 125 (25 July 2025)

Court

Supreme Court

Case number

CC 17 of 2025

Supreme Court judgment in proceedings concerning Sangatta Holdings Limited under the Companies Act 1972, issued as CC 17 of 2025 on 25 July 2025.

• Companies-law
• Corporate-governance

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Hunt v Denousse (MA 27/2025 (Arising in MC 23/2023))

Hunt v Denousse (MA 27/2025 (Arising in MC 23/2023)) [2025] SCSC 101 (22 July 2025)

Court

Supreme Court

Case number

MA 27/2025 (Arising in MC 23/2023)

The Supreme Court granted a co-executor’s application to evict an occupant from estate property, finding the occupation unauthorized and contrary to prior court orders.

• Eviction
• Estate administration
• Co-executors' powers
• Trespass
• Jurisdiction
• Estate-administration

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IPHS v Vijay Construction (Proprietary) Ltd (MA 45/2025 (Arising in MC08/2020))

IPHS v Vijay Construction (Proprietary) Ltd (MA 45/2025 (Arising in MC08/2020)) [2025] SCSC 102 (22 July 2025)

Court

Supreme Court

Case number

MA 45/2025 (Arising in MC08/2020)

The Supreme Court held that this was a contract-based arbitration, not a court-annexed referral, so section 206 of the SCCP could not be used to enter the award as judgment.

• Enforcement of arbitral awards
• Distinction between court-annexed and contract-based arbitration
• Procedure for registration of arbitral awards
• Arbitration-award-enforcement
• Court-annexed-arbitration
• Contract-based-arbitration

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Bar Association of Seychelles v The Honourable Chief Justice & Ors (MA 14 of 2025 (Arising in MC 35 of 2024))

Bar Association of Seychelles v The Honourable Chief Justice & Ors (MA 14 of 2025 (Arising in MC 35 of 2024)) [2025] SCSC 99 (16 July 2025)

Court

Supreme Court

Case number

MA 14 of 2025 (Arising in MC 35 of 2024)

The application was dismissed because the applicant failed to plead sufficient interest and good faith as required by procedural law, and the question involved in the appeal was not one which ought to be the subject matter of an appeal.

Source excerpt

• Leave to appeal
• Standing
• Sufficient interest
• Judicial review procedure

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