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Seychelles decisions
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Ex-parte Meron Amare (XP 10 of 2023) [2024] SCSC 132 (19 June 2024)
The Supreme Court of Seychelles declared executory an Ethiopian divorce judgment and property settlement, allowing enforcement for a Seychelles condominium transfer.
Albert v Albert (SCA 39 of 2020) [2023] SCCA 29 (25 August 2023)
The Court of Appeal held that the spouses had expressly chosen Mauritius’s séparation de biens regime, so there was no matrimonial property to divide.
Brassel and Anor v The Estate of the late Philip Brassel (678) [2023] SCSC 678 (10 August 2023)
The law governing the succession of immovable property situated in Seychelles is Seychelles law, regardless of the deceased's domicile or the law governing the will. The Seychelles Supreme Court has jurisdiction to adjudicate disputes concerning such property, and the rule of forced heirship under Article 913 of the Civil Code applies. The plea in limine challenging jurisdiction is dismissed.
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Ex parte Amare (XP 10 of 2023) [2023] SCSC 333 (27 April 2023)
The Supreme Court of Seychelles held that an application to register a foreign divorce-related judgment had to be served on the ex-husband in Ethiopia.
Vijay Construction (Proprietary) Limited) v Eastern European Engineering Limited (SCA 28 of 2020) [2022] SCCA 58 (21 October 2022)
The Court of Appeal of Seychelles dismissed an appeal against registration of English judgments under REBJA, holding enforcement was not barred by res judicata, abuse of process, or public policy.
Ex parte Fisher & Anor (XP 172/2021) [2022] SCSC 1059 (28 January 2022)
The Supreme Court of Seychelles dismissed an ex parte bid to register South African insolvency orders, holding Part VIII of the Insolvency Act 2013 was not yet operational.
In Touch Sports Ltd v Persons Unknown & Ors (MC 71/2021) [2021] SCSC 1079 (9 December 2021)
The Supreme Court of Seychelles dismissed an ex parte bid to recognise and enforce an Isle of Man freezing injunction and disclosure order in a crypto-fraud matter.
Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (CS 121/2019) [2021] SCSC 1072 (3 December 2021)
The Supreme Court of Seychelles registered, in part, an English costs order under REBJA, allowing enforcement of the ÂŁ20,000 interim payment and assessed costs subject to conditions.
DF Project Properties (Pty) Ltd v Fregate Island Pvt Limited (SCA 56 of 2018) [2021] SCCA 28 (21 July 2021)
The appeal was dismissed because the German court orders did not satisfy the conditions for enforcement of foreign judgments under section 227 of the Seychelles Code of Civil Procedure, specifically the requirement that the judgment must not be contrary to fundamental rules of public policy. The underlying contracts were found to be illegal due to DF's contravention of the Companies Act and tax evasion, rendering the orders unenforceable in Seychelles. The Court also held that the Supreme Court erred in relying on English law and the Courts Act for enforcement, as Seychelles has its own statu…
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Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (CS 23/2019) [2020] SCSC 532 (30 June 2020)
The Cooke and Cockerill Orders of the High Court of England and Wales are 'judgments' within the meaning of the REBJA, as they are orders in civil proceedings by which sums of money are made payable and are final, conclusive, and enforceable in the UK. None of the statutory bars to registration under section 3(2) of the REBJA are present. The maxim 'exequatur sur exequatur ne vaut' does not prevent registration in this context. The Orders do not offend public policy, were not obtained by fraud, and due process was observed. It is just and convenient to register and enforce the Orders in Seych…
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