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Civil procedure [2022] SCSC 793

Lafors Social Demokratik v Linyon Demokratik Seselwa & Anor (CS 108 of 2018)

Lafors Social Demokratik v Linyon Demokratik Seselwa & Anor (CS 108 of 2018) [2022] SCSC 793 (9 September 2022)

Court
Supreme Court
Case number
CS 108 of 2018

The Plaintiff failed to prove, on a balance of probabilities, that the 1st Defendant filed the judicial review proceedings with the dominant purpose of causing harm (bad faith or malice). The 2nd Defendant merely complied with court orders and committed no fault. No delictual liability (faute or abuse of right) was established against either Defendant.

Source excerpt

  • Faute (delictual liability)
  • Abuse of right (abus de droit)
  • Judicial review
  • Political party registration
  • Constitutional rights
  • Burden of proof
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Election law [2017] SCCA 10

Dine & Ors (SCA 5 of 2016)

Dine & Ors (SCA 5 of 2016) [2017] SCCA 10 (21 April 2017)

Court
Court of Appeal
Case number
SCA 5 of 2016

The Court of Appeal partly allowed an election-law appeal, quashing sanctions for two appellants, setting aside a culpability finding for one, and upholding liability for another.

  • Illegal electoral practices
  • Sanctions for electoral offences
  • Freedom of expression in elections
  • Election-law
  • Illegal-electoral-practices
  • Freedom-of-expression
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Constitutional law [2016] SCCA 25

Linyon Sanzman & Anor v Linyon Demokratic Seselwa & Another (SCA 23 of 2016)

Linyon Sanzman & Anor v Linyon Demokratic Seselwa & Another (SCA 23 of 2016) [2016] SCCA 25 (9 December 2016)

Court
Court of Appeal
Case number
SCA 23 of 2016

The Court of Appeal quashed ex parte orders that had blocked two political parties from contesting Seychelles’ 2016 National Assembly election.

  • Judicial review
  • Locus standi
  • Election disputes
  • Injunctions
  • Recusal
  • Abuse of process
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Election law [2016] SCCC 17

Savy & Ors Arising In Ramkalawan v Electoral Commission & Ors (CP 1 of 2016)

Savy & Ors Arising In Ramkalawan v Electoral Commission & Ors (CP 1 of 2016) [2016] SCCC 17 (5 September 2016)

Court
Constitutional Court
Case number
CP 1 of 2016

Major Simon Dine, Colonel Clifford Roseline, Beryl Botsoie, and James Lesperance committed illegal practices under section 51(3) of the Elections Act by threatening temporal loss or providing inducements to influence voting. The court found no good faith or inadvertence to excuse their actions under section 45(4) and declined to exercise discretion to waive the consequences. Their acts warrant reporting to the Electoral Commission and disqualification from voting for five years.

Source excerpt

  • Illegal practices in elections
  • Disqualification from voting
  • Electoral offences
  • Exercise of judicial discretion under elections act
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Administrative law [2016] SCSC 617

Linyon Demokratik Seselwa v Electoral Commission (MC 87/2016)

Linyon Demokratik Seselwa v Electoral Commission (MC 87/2016) [2016] SCSC 617 (24 August 2016)

Court
Supreme Court
Case number
MC 87/2016

The Supreme Court of Seychelles quashed the Electoral Commission’s decision to register “LSD,” holding the name so closely resembled “LDS” that it was likely to confuse.

  • Registration of political parties
  • Judicial review
  • Similarity of party names
  • Electoral commission decisions
  • Judicial-review
  • Political-party-registration
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Administrative law [2016] SCSC 616

Linyon Demokratik Seselwa v Electoral Commission (MC86/2016)

Linyon Demokratik Seselwa v Electoral Commission (MC86/2016) [2016] SCSC 616 (24 August 2016)

Court
Supreme Court
Case number
MC86/2016

The Electoral Commission's decision of 11th August 2016 was illegal, irrational, improper, and unreasonable because it failed to comprehend and implement the legal effect of the prior writ of certiorari, did not properly consider relevant factors, and acted outside its powers by purporting to grant a name to a non-existent legal entity. The decision-making process was fundamentally flawed, and the impugned decision is quashed.

Source excerpt

  • Judicial review
  • Political party registration
  • Res judicata
  • Legality of administrative decisions
  • Reasonableness of administrative action
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Administrative law [2016] SCSC 598

Linyon Demokratik Seselwa v Electoral Commission (MA 257/2016)

Linyon Demokratik Seselwa v Electoral Commission (MA 257/2016) [2016] SCSC 598 (16 August 2016)

Court
Supreme Court
Case number
MA 257/2016

The Supreme Court granted an ex parte interim injunction stopping the Electoral Commission from registering or accepting nominations under the name “Linyon Sanzman” pending further order.

  • Registration of political parties
  • Interim injunctions
  • Judicial review of administrative decisions
  • Judicial-review
  • Interim-injunctions
  • Political-party-registration
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Administrative law [2016] SCSC 597

Linyon Demokratik Seselwa v Electoral Commission (MA 258/2016)

Linyon Demokratik Seselwa v Electoral Commission (MA 258/2016) [2016] SCSC 597 (16 August 2016)

Court
Supreme Court
Case number
MA 258/2016

The similarity between 'LSD' and 'LDS' is likely to cause confusion and irreparable prejudice; therefore, an interim injunction is necessary to preserve the status quo pending determination of the main petition.

Source excerpt

  • Registration of political parties
  • Interim injunctions
  • Judicial review of administrative decisions
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Election law [2016] SCCA 17

Ramkalawan v Electoral Commission & Ors (SCA 1 of 2016)

Ramkalawan v Electoral Commission & Ors (SCA 1 of 2016) [2016] SCCA 17 (12 August 2016)

Court
Court of Appeal
Case number
SCA 1 of 2016

The Court of Appeal held that the appellant’s leaflet to the Tamil community constituted an illegal electoral practice, but the reporting sanction required further consideration under the Elections Act.

  • Electoral malpractice
  • Illegal practice
  • Election petitions
  • Disqualification from voting
  • Natural justice
  • Standard of proof in election cases
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Administrative law [2016] SCSC 579

Linyon Demokratik Seselwa v Electoral Commission (MC 59/2016)

Linyon Demokratik Seselwa v Electoral Commission (MC 59/2016) [2016] SCSC 579 (31 July 2016)

Court
Supreme Court
Case number
MC 59/2016

The Respondent committed fundamental procedural impropriety by failing to adequately hear and resolve the Petitioner's objections regarding the use of the name 'Linyon Sanzman' before registering another party under that name. This failure violated the principles of natural justice and rendered the decision so unreasonable that no sensible authority could have made it.

Source excerpt

  • Judicial review
  • Procedural impropriety
  • Natural justice
  • Registration of political parties
  • Election commission decisions
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About this LexChat collection

Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.