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Seychelles decisions
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Bar Association of Seychelles v The Honourable Chief Justice & Ors (MA 14/2025 (Arising in MC 35/2024)) [2025] SCSC 100 (16 July 2025)
The Supreme Court refused leave to appeal, holding the applicant had not pleaded sufficient interest and good faith for judicial review and awarding costs.
R v Banane & Or (CO 12 of 2025) [2025] SCSC 111 (11 July 2025)
Mitigating factors, including guilty plea, first offender status, minor children, absence of purity test, and lack of commercial element, outweigh aggravating factors; non-custodial sentences and fines are appropriate.
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Worth v The Planning Authority (MC 48 of 2025) [2025] SCSC 96 (10 July 2025)
The Supreme Court granted leave for judicial review, finding the petitioner had sufficient interest and raised arguable, good-faith grounds against the Planning Authority.
Hunt v Hunt (MA 26 of 2025) [2025] SCSC 98 (10 July 2025)
The Supreme Court dismissed a co-executor’s application for sole access to an estate account, finding no failure to act under Article 1033 and no bypass of Curatelle procedures.
Exparte: Panagary (XP 79 of 2024) [2025] SCCA 12 (9 July 2025)
The Court of Appeal held that the Attorney General, acting as Ministère Public, may raise objections in guardianship matters and is not confined to section 86 or 90 of the Civil Procedure Code.
Valabhji & Or v ACCS (CM 138 of 2024) [2025] SCSC 113 (8 July 2025)
The Court holds that only properly particularised and evidenced legal fees and disbursements may be paid from restrained funds, subject to judicial oversight and pre-approval. Bulk or standing authorisations for disbursements are not permitted. The 2nd Applicant's personal expenses cannot be paid from restrained funds unless she demonstrates lack of access to unrestrained assets. Affidavits sworn on behalf of the ACCS without exhibited written authority are procedurally defective, but the substantive position on judicial oversight and payment mechanisms stands.
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Lazare Properties Limited v Ministry of Employment & Social Affairs (MA 121 of 2025) [2025] SCSC 91 (2 July 2025)
The Supreme Court dismissed leave and judicial review proceedings after finding the petition fatally defective for lack of an affidavit and supporting documents.
Soopramanien & Ors v The Republic & Anor (CP 11 of 2022) [2025] SCCC 6 (1 July 2025)
Section 30(2) of the Prisons Act, as amended, does not contravene Articles 16, 19(4), or 27 of the Constitution. The exclusion of remission for aggravated drug offences is a rational legislative policy serving legitimate penal objectives such as deterrence and public safety. Remission is a privilege, not a right, and its denial does not amount to unconstitutional discrimination or the imposition of a more severe penalty than prescribed by law. The impugned provisions are constitutionally valid.
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Valabhji v The Republic & Ors (CP 9 of 2022) [2025] SCCC 5 (27 June 2025)
Prayer B(vii) is dismissed as it refers to charges that no longer exist after amendment. Other preliminary objections are overruled as the remaining prayers are interrelated with the merits and constitutional validity of impugned provisions, and should be determined after hearing the merits. The petition is not time-barred at this stage as charges are ongoing. The question of proper parties and amicus curiae is deferred to the merits stage.
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Seychelles International Mercantile Banking Corporation Limited (CM 15 of 2024) [2025] SCSC 119 (24 June 2025)
The court confirmed a judicial sale of mortgaged immovable property, adjudicating two parcels to the execution creditor and one leasehold interest to the successful bidder.
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