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Seychelles decisions
Decisions matching the current search
Lesperance v Jeannie (CS 50 of 2021) [2024] SCSC 53 (22 May 2024)
The Supreme Court dismissed a neighbour dispute over manure storage, holding that ordinary farm smells in an agricultural zone did not amount to actionable nuisance or pollution.
Ministry of Environment, Energy and Climate Change & Others v Woodlands Holdings Limited & Anor (SCA CL 01/2023) [2023] (Arising in CP 04/2021) ((SCA CL 01/2023) [2023] (Arising in CP 04/2021)) [2023] SCCA 57 (18 December 2023)
The Court of Appeal held that Article 38 imposes positive State duties to prevent pollution and clean up certain public environmental damage, but set aside ultra vires declarations.
Woodlands Holdings Ltd & Anor v Ministry of Environment Energy and Climate Change & Ors (CP 4 of 2021) [2023] SCCC 3 (30 March 2023)
The State's obligations under Article 38 of the Constitution extend to ensuring private citizens do not pollute the environment and to taking remedial action, including cleanup, where pollution occurs. Failure to act renders the State liable for breach of constitutional rights. The State's enactment of the EPA does not absolve it of responsibility to enforce and implement environmental protections. The State unreasonably delayed investigation and remediation, breaching its constitutional duty.
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Michel Ah-time v The Republic (SCA 14 of 2019) [2020] SCCA 28 (18 December 2020)
The Court of Appeal upheld a conviction for unlawful possession of marine shells and confirmed forfeiture of coco de mer nuts and kernels for lack of proof of lawful possession.
Bijoux & Cicobo v O-Nivo Construction (PTY) LTD (CS 101/2017) [2019] SCSC 1152 (7 February 2019)
The Supreme Court of Seychelles awarded plaintiffs moral damages for dust, noise, water intrusion, and trespass caused by neighbouring construction.
Rose & Ors v Civil Construction Company Limited (SCA 26 of 2012) [2014] SCCA 48 (11 April 2014)
The Court of Appeal of Seychelles dismissed a claim that quarry operations caused cracks and health problems, finding the appellants had not proved causation.
Rose & Ors v Civil Construction Company Ltd (CS 72/2011) [2012] SCSC 26 (30 July 2012)
The Seychelles Supreme Court dismissed a claim that quarry operations caused cracks, dust, and health issues, finding causation and damages unproven.
Republic v Marengo and Others (11 of 2003) [2004] SCSC 7 (17 May 2004)
Supreme Court of Seychelles judgment on wildlife offences: the court upheld the turtle-meat possession charges and some bird-killing charges, while acquitting others.
R v Marengo & Ors (CO 11/2003) [2004] SCSC 33 (6 April 2004)
Ruling on a no case to answer submission in a wildlife-protection prosecution. The court found a prima facie case against most accused, but acquitted the Third Accused.
R v Marengo & Ors (CO 11/2003) [2003] SCSC 3 (10 February 2003)
The prosecution's grounds for remand were not supported by sufficient evidence and could be addressed by strict bail conditions. The seriousness of the case alone does not justify remand where other risks can be managed by bail terms.
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