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Seychelles decisions
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Fanchette v The Attorney General (CS 84 of 2022) [2025] SCSC 66 (2 May 2025)
The Supreme Court held that the plaintiff’s pay was not unilaterally reduced; he was offered a new post after restructuring and accepted it, so the claim failed.
Servina & Others v Servina ([2025] (22 April 2025) SCA 19/2024 (Arising in CS 71/ 2023)) [2025] SCCA 5 (22 April 2025)
The appeal was dismissed due to fatal procedural defects: the late filing of heads of argument without a formal application for condonation, and the Plaint's simultaneous pleading of contract and delict claims contrary to Article 1370 of the Civil Code. Even on merits, the claim was time-barred and unsupported by evidence.
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Fanchette v Attorney General ((CS 84/2022) [2023] SCSC 686) [2023] SCSC 686 (15 September 2023)
The Supreme Court dismissed preliminary objections to a plaint challenging an alleged unilateral variation of employment terms, finding the dispute could not be decided without evidence.
Pillay v Indian Ocean Tuna Ltd (CS 73 of 2018) [2023] SCSC 55 (30 January 2023)
The Supreme Court of Seychelles dismissed a workplace injury claim, finding the plaintiff failed to prove that the injury occurred as alleged or that the employer was at fault.
Malbrook and Anor v Bouchereau (SCA 72 of 2022) [2022] SCCA 72 (16 December 2022)
The Court of Appeal of Seychelles dismissed an appeal over trespass, obstruction, threats of violence, and damages, upholding the trial court’s orders.
Chalet D’Anse Reunion & Ors v SIMBC (CS149/2019) [2021] SCSC 1046 (12 November 2021)
The Supreme Court of Seychelles dismissed a claim over bank debits after fraudulent card transactions, finding no proven faute and no valid basis for the bank’s counterclaim.
O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 8 of 2019) [2021] SCCA 35 (13 August 2021)
The Court of Appeal upheld liability for nuisance caused by construction noise, dust and related disturbance, and dismissed the appeal with costs.
Mayengo v Cash Plus Co Pty Ltd (CA 23/2021) [2021] SCSC 849 (26 February 2021)
The appeal was dismissed because the plaint did not sufficiently plead facts to support a claim for either personal or vicarious liability against the respondent. The court cannot consider evidence or formulate a case outside the pleadings, and the appellant failed to properly plead the necessary elements for the respondent's liability under the relevant provisions of the Civil Code.
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His Enterprise (Pty) Ltd v Barra (SCA 14 of 2018) [2020] SCCA 35 (18 December 2020)
The Court of Appeal held that an injured handyman was acting in the course of employment, so the employer was liable, but reduced damages to the amount proved.
BS & Anor v ZB & Anor (CA 04/2019) [2020] SCSC 592 (3 September 2020)
The appeal was dismissed because the minor lacked legal capacity to be sued in his own name, parental liability was not properly engaged or pleaded, and vicarious liability must be specifically pleaded with parents made defendants. The court could not enter judgment against a party with no legal capacity, and the Magistrate exercised discretion correctly regarding ex parte proceedings.
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