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Seychelles decisions
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The Court held that the Plaintiff proved unjust enrichment against Celtic Enterprise Ltd, awarding repayment of €164,082.04 plus interest and costs, but dismissed the claim against Maurizio Giulietti.
The Attorney General v Krishnamart &Company Proprietary Limited (SCA 15/2025 (Arising in MA 288/2024 out of CS 88 of 2024)) [2025] SCCA 30 (15 December 2025)
Compliance with the formal requirements of section 42 SCCP constitutes sufficient service; the statute does not require proof of likelihood of actual notice or ownership of the premises. The Supreme Court erred by imposing additional requirements not found in the statute.
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The Attorney General v Krishnamart &Company Proprietary Limited (SCA 15/2025 (Arising in MA 288/2024 out of CS 88 of 2024)) [2025] SCCA 31 (15 December 2025)
The statutory framework for substituted service under section 42 SCCP is exhaustive and requires a factual nexus between the address used and the defendant. The judge’s discretion to refuse substituted service was properly exercised where there was no evidence that affixing the summons at the last known business address would bring notice to the respondent, and ownership or ongoing association with the premises was lacking.
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In the matter of Ailee Development Corporation And In the matter of the Companies Ordinance 1972 and In the matter of an application to release the liquidator and wind up the company ((Civil Appeal SCA 04/2025) [2025] (Arising in MA 72 OF 2020 out of XP 27/2008) SCSC 663)) [2025] SCCA 18 (18 August 2025)
The Court of Appeal upheld the refund order for overpaid liquidator fees, finding payments were made without prior court sanction and using an improper exchange rate.
AG v Krishna Mart & Company Proprietary Limited (MA 55 of 2025) [2025] SCSC 88 (13 June 2025)
Service cannot be properly effected on a director of the respondent company outside jurisdiction; the law requires service at the registered or principal office. However, given the exceptional circumstances and the inability to serve the company, leave to appeal is granted against the order dismissing substituted service.
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Standish & Anor v Financial Services Authority (CC 2 of 2025) [2025] SCSC 79 (3 June 2025)
The application is time-barred as it was filed 8 years and 8 months after dissolution, exceeding the statutory limit under section 387. There is no sufficient reason to waive the time limit, and the applicants cannot ensure compliance with statutory requirements. The procedural errors are not fatal, but the substantive time bar is.
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Petersen v Registrar of International Business Companies (MC 88 of 2024) [2025] SCSC 56 (17 April 2025)
The Supreme Court of Seychelles restored FINCH S.A. to the Register of International Business Companies, subject to payment of fees and compliance with statutory obligations.
Chan Sing Chung v Kim Koon & Ors (Arising in MC 04 of 2020) [2025] SCSC 17 (5 February 2025)
The Supreme Court held it was functus officio and could not expand its prior interest award, but it may determine the commercial rate applicable to the dividend portion.
PromedKlinik (Seychelles) Limited v PromedKliniken GmbH (CS 135 of 2019) [2024] SCSC 181 (11 December 2024)
The Supreme Court of Seychelles dismissed a claim for rescission and held the plaintiff breached a partnership agreement, awarding the defendant EUR448,175.70 in damages.
Cheng Sheng Kuie v The Financial Services Authority (CA 1 of 2022) [2024] SCSC 185 (18 November 2024)
The Supreme Court dismissed an appeal against the FSA Appeals Board, holding it was filed 8 days out of time and that the delay was fatal.
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