Seychelles Case Law

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited (MA 41 of 2025 (Arising in MC 59 of 2024))

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited (MA 41 of 2025 (Arising in MC 59 of 2024)) [2025] SCSC 140 (23 October 2025)

Court

Supreme Court

Case number

MA 41 of 2025 (Arising in MC 59 of 2024)

The court held that a valid arbitration agreement existed and appointed a sole arbitrator under the Commercial Code after the parties failed to agree within one month.

• Appointment of arbitrator
• Interpretation of arbitration clause
• Jurisdiction of arbitral tribunal
• Procedural requirements for arbitration
• Arbitration
• Appointment-of-arbitrator

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IPHS v Vijay Construction (Proprietary) Ltd (MA 45/2025 (Arising in MC08/2020))

IPHS v Vijay Construction (Proprietary) Ltd (MA 45/2025 (Arising in MC08/2020)) [2025] SCSC 102 (22 July 2025)

Court

Supreme Court

Case number

MA 45/2025 (Arising in MC08/2020)

The Supreme Court held that this was a contract-based arbitration, not a court-annexed referral, so section 206 of the SCCP could not be used to enter the award as judgment.

• Enforcement of arbitral awards
• Distinction between court-annexed and contract-based arbitration
• Procedure for registration of arbitral awards
• Arbitration-award-enforcement
• Court-annexed-arbitration
• Contract-based-arbitration

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Vijay Construction (Pty) Ltd v Eastern European Engineering Limited (CC 17 of 2016)

Vijay Construction (Pty) Ltd v Eastern European Engineering Limited (CC 17 of 2016) [2024] SCSC 119 (26 July 2024)

Court

Supreme Court

Case number

CC 17 of 2016

The Plaintiff's claim for rent and damages is dismissed because the period September 2012 to May 2014 was already compensated by the arbitral award, and for the period after May 2014, the Plaintiff failed to prove the temporary buildings were reusable or that it suffered actual loss from not being able to use them elsewhere. The Plaintiff's pleadings did not adequately set out the material facts for a claim based on loss of use, and the evidence presented was insufficient to establish the claim on a balance of probabilities.

Source excerpt

• Jurisdiction
• Res judicata
• Damages
• Pleadings
• Arbitration agreement
• Ownership of temporary buildings

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Mahe Design and Build (Proprietary) Limited v Hoevers (CS 13 of 2022)

Mahe Design and Build (Proprietary) Limited v Hoevers (CS 13 of 2022) [2023] SCSC 766 (25 October 2023)

Court

Supreme Court

Case number

CS 13 of 2022

The plea in limine fails because the Defendant did not provide evidence, such as an affidavit, demonstrating readiness and willingness to submit to arbitration at the commencement of proceedings, as required by established procedure and case law.

Source excerpt

• Arbitration clause
• Jurisdiction
• Plea in limine
• Commercial code

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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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Vijay Construction (Pty) Ltd v Eastern European Engineering Ltd (EEEL) (SCA MA 23 of 2020; SCA MA 44 of 2022; SCA MA 9 of 2023)

Vijay Construction (Pty) Ltd v Eastern European Engineering Ltd (EEEL) (SCA MA 23 of 2020; SCA MA 44 of 2022; SCA MA 9 of 2023) [2023] SCCA 17 (26 April 2023)

Court

Court of Appeal

Case number

SCA MA 23 of 2020 ; SCA MA 44 of 2022 ; SCA MA 9 of 2023

The applications to rehear SCA 58/2022 and SCA 15 & 18/2017 are dismissed because the Applicant failed to argue the relevant grounds during the appeals, did not act within reasonable time, and no exceptional circumstances exist to warrant reopening the matters. The adversarial system places the burden on parties to argue their grounds, and the interest of justice requires finality to litigation.

Source excerpt

• Rehearing of appeals
• Stay of execution
• Recognition and enforcement of foreign arbitral awards
• Procedural irregularity
• Finality of litigation

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FARISCO Construction and Maintenance v Alexander (75 of 2022)

FARISCO Construction and Maintenance v Alexander (75 of 2022) [2022] SCCA 71 (16 December 2022)

Court

Court of Appeal

Case number

75 of 2022

The Court of Appeal dismissed FARISCO’s application for special leave to appeal, finding no exceptional grounds and no basis to treat the contract as creating arbitration jurisdiction.

• Jurisdiction
• Arbitration agreement
• Interlocutory appeals
• Building contracts
• Provisional measures
• Special-leave-to-appeal

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Vijay Construction (Proprietary) Limited) v Eastern European Engineering Limited (SCA 28 of 2020)

Vijay Construction (Proprietary) Limited) v Eastern European Engineering Limited (SCA 28 of 2020) [2022] SCCA 58 (21 October 2022)

Court

Court of Appeal

Case number

SCA 28 of 2020

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.

• Enforcement of foreign judgments
• Recognition of arbitral awards
• Res judicata
• Abuse of process
• Public policy in enforcement
• Double exequatur

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Benoiton Construction Company (Pty) Ltd v Consolidated Power Projects Group Africa Limited (CS 64 of 2021)

Benoiton Construction Company (Pty) Ltd v Consolidated Power Projects Group Africa Limited (CS 64 of 2021) [2022] SCSC 831 (23 September 2022)

Court

Supreme Court

Case number

CS 64 of 2021

The defendant's willingness to submit to dispute resolution, expressed after the filing of the plaint but before the court's determination, is sufficient under the applicable case law. The delay by the plaintiff in filing proceedings negates the argument that the defendant was not ready and willing. The affidavit defect is curable and does not warrant dismissal of the application. The proceedings are stayed to allow the defendant to cure the affidavit defect.

Source excerpt

• Jurisdiction
• Arbitration clause
• Stay of proceedings
• Affidavit formalities

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Ex parte Liquidity Technologies Ltd (MA 195 of 2022)

Ex parte Liquidity Technologies Ltd (MA 195 of 2022) [2022] SCSC 827 (22 September 2022)

Court

Supreme Court

Case number

MA 195 of 2022

The application was dismissed because the applicant failed to establish proper authority to institute proceedings, did not provide the contract or arbitration agreement relied upon, and thus failed to make out a prima facie case for an interlocutory injunction. The court also could not determine its jurisdiction or the applicant's entitlement to relief in the absence of necessary documents.

Source excerpt

• Interlocutory injunctions
• Authority to institute proceedings
• Breach of contract
• Arbitration clauses
• Jurisdiction

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