Seychelles Case Law

Dilesh v R ((SCA CR 02/2024)

Dilesh v R ((SCA CR 02/2024) [2024] (Arising in CR 99/2023) (19 August 2024)) [2024] SCCA 27 (19 August 2024)

Court

Court of Appeal

Case number

(SCA CR 02/2024) [2024] (Arising in CR 99/2023) (19 August 2024)

The appeal was dismissed because the grounds of appeal were vague and general in terms and thus invalid under rule 18(7) of the Court of Appeal Rules 2023. The default order of imprisonment for non-payment of the fine was valid, as it is an enforcement mechanism and not a direct penalty, and does not conflict with UNCLOS Article 73(3) or the Fisheries Act. The holding in Kanapathi v The Republic on this point was expressly overruled.

Source excerpt

• Illegal fishing
• Imprisonment in default of fine
• Interpretation of unclos article 73(3)
• Validity of grounds of appeal
• Forfeiture of vessel and proceeds

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In the matter of a Letter of Request for International Judicial Assistance Pursuant to The Hague Convention of 18 March 1979 on the taking of Evidence Abroad in Civil or Commercial Matters: Securities and Exchange Commission v/s Terraform Labs Pte Ltd & Hyeong Kwon (CS 100 of 2023)

In the matter of a Letter of Request for International Judicial Assistance Pursuant to The Hague Convention of 18 March 1979 on the taking of Evidence Abroad in Civil or Commercial Matters: Securities and Exchange Commission v/s Terraform Labs Pte Ltd & Hyeong Kwon (CS 100 of 2023) [2023] SCSC 797 (30 November 2023)

Court

Supreme Court

Case number

CS 100 of 2023

The Supreme Court of Seychelles cannot execute the letter of request for pre-trial discovery because Seychelles has made a declaration under Article 23 of the Hague Evidence Convention excluding such assistance, and there is no implementing legislation making the Convention part of domestic law. Additionally, the requested documents are not available from the last known registered agent of MEK Global Ltd.

Source excerpt

• Hague convention on the taking of evidence abroad
• Pre-trial discovery
• Treaty implementation
• Jurisdiction

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In the matter of a Letter of Request for International Judicial Assistance Pursuant to The Hague Convention of 18 March 1979 on the taking of Evidence Abroad in Civil or Commercial Matters: Securities and Exchange Commission v/s Terraform Labs Pte Ltd & Hyeong Kwon (CS 101 of 2023)

In the matter of a Letter of Request for International Judicial Assistance Pursuant to The Hague Convention of 18 March 1979 on the taking of Evidence Abroad in Civil or Commercial Matters: Securities and Exchange Commission v/s Terraform Labs Pte Ltd & Hyeong Kwon (CS 101 of 2023) [2023] SCSC 798 (30 November 2023)

Court

Supreme Court

Case number

CS 101 of 2023

The Supreme Court of Seychelles cannot execute the US court's letter of request because the request is for pre-trial discovery, which falls under Seychelles' reservation under Article 23 of the Evidence Convention, and the requested documents are not available in Seychelles.

Source excerpt

• Hague convention on taking of evidence abroad
• Pre-trial discovery
• International judicial assistance

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Vertivet Tech (Pty) Ltd v Complete Energy Solutions Ltd (MA 298 of 2021)

Vertivet Tech (Pty) Ltd v Complete Energy Solutions Ltd (MA 298 of 2021) [2023] SCSC 445 (13 June 2023)

Court

Supreme Court

Case number

MA 298 of 2021

The Seychelles Supreme Court enforced a DIAC arbitral award and validated attachment of funds held by PUC for the award debtor.

• Enforcement of foreign arbitral awards
• New york convention
• Attachment of debts
• Jurisdiction of arbitral tribunals
• Recognition of awards
• Procedural requirements for enforcement

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Kanapathi v R (SCA CR 14 of 2021)

Kanapathi v R (SCA CR 14 of 2021) [2022] SCCA 36 (19 August 2022)

Court

Court of Appeal

Case number

SCA CR 14 of 2021

The Court of Appeal allowed an illegal-fishing sentence appeal, reducing the fine and holding the original default imprisonment and sentence were disproportionate and unlawful.

• Illegal fishing
• Sentencing principles
• Mandatory minimum sentences
• Proportionality
• Individualisation of sentence
• Unclos applicability

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Vijay Construction (proprietary) Ltd v Eastern European Engineering Ltd (SCA 15 of 2017)

Vijay Construction (proprietary) Ltd v Eastern European Engineering Ltd (SCA 15 of 2017) [2017] SCCA 41 (12 December 2017)

Court

Court of Appeal

Case number

SCA 15 of 2017

The Supreme Court of Seychelles does not have jurisdiction to enforce the foreign arbitral award because the New York Convention is not applicable, Articles 146-150 of the Commercial Code have no legal effect due to Seychelles' repudiation of treaty succession and lack of ratification, and section 4 of the Courts Act cannot be used to import English statutory law to create jurisdiction contrary to the Constitution.

Source excerpt

• Enforcement of foreign arbitral awards
• Jurisdiction of courts
• Treaty succession
• Separation of powers

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MD v BL (CA 26/2016)

MD v BL (CA 26/2016) [2017] SCSC 196 (28 February 2017)

Court

Supreme Court

Case number

CA 26/2016

The Supreme Court of Seychelles held the Hague Convention was not domestically enforceable, allowed the appeal, and ordered the custody case heard on its merits.

• Child custody
• Habitual residence
• International child abduction
• Treaty enforceability
• Best interests of the child
• Child-custody

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Hassan Thaliil Ahmed & Ors v R (SCA 6 of 2015)

Hassan Thaliil Ahmed & Ors v R (SCA 6 of 2015) [2016] SCCA 32 (9 December 2016)

Court

Court of Appeal

Case number

SCA 6 of 2015

Court of Appeal upheld piracy convictions and 14-year concurrent sentences, finding GPS and witness evidence sufficient and the Denmark proceedings not a prior acquittal.

• Piracy
• Double jeopardy
• Evidence (gps)
• Sentencing
• Gps-evidence
• Double-jeopardy

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Roble & Ors v R (SCA 19 of 2013)

Roble & Ors v R (SCA 19 of 2013) [2015] SCCA 24 (28 August 2015)

Court

Court of Appeal

Case number

SCA 19 of 2013

The convictions of the 1st, 2nd, 3rd, 5th, and 6th appellants for piracy were supported by admissible evidence, specifically the res gestae VHF transmission and circumstantial evidence, and the prosecution case was proved beyond reasonable doubt. The prosecution of the 4th appellant, a minor, without the Attorney General's fiat was unlawful and his conviction and sentence were quashed. The sentence for the second count was set aside as redundant, and the remaining sentence of 12 years for the first count was not manifestly excessive. The omission of section 22 from the charge sheet was not fa…

Source excerpt

• Piracy
• Universal jurisdiction
• Criminal procedure
• Evidence (res gestae, hearsay)
• Children in conflict with the law
• Sentencing

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R vs Farad Ahmed Jama and others

R vs Farad Ahmed Jama and others (Criminal Side No: 16 of 2012) [2012] SCSC 60 (5 November 2012)

Court

Supreme Court

Case number

Criminal Side No: 16 of 2012

The court found that the accused, acting with common intention, committed illegal acts of violence for private ends against the MV Sunshine and the Al Molai, and voluntarily participated in the operation of a pirate ship, with evidence establishing all elements of the offences beyond reasonable doubt. The defence arguments were rejected as lacking merit, and both direct and circumstantial evidence supported conviction on all counts.

Source excerpt

• Piracy
• Jurisdiction
• Common intention
• Sentencing
• Use of juveniles in crime

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