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Seychelles decisions
Decisions matching the current search
Ex Parte Labrosse & Anor (MA 103 of 2024) [2024] SCSC 130 (5 July 2024)
The Supreme Court of Seychelles found the pleadings in an interlocutory injunction application were poorly drafted, but granted leave to amend rather than dismissing the matter.
Exparte Labrosse & Anor (MA 103 of 2024) [2024] SCSC 52 (17 May 2024)
The Supreme Court declined ex parte relief restoring access to business premises, but granted an interim order preserving the applicants’ stock pending an inter partes hearing.
Ex parte X-Trim Fitness Centre (Pty) (MA 46 of 2024) [2024] SCSC 29 (4 March 2024)
The Supreme Court refused to extend time for a bank guarantee, maintain cancellation of a warrant of levy, or allow a gym to reopen pending compliance.
Lablache & Anor v Vital (488) [2023] SCSC 488 (23 June 2023)
The applicants failed to satisfy the court that they would be ruined or their appeal stifled if forced to pay the rental arrears immediately, and did not show that the respondent would be unable to repay the sums if the appeal succeeds. The affidavits lacked supporting documents to prove substantial questions of law or good prospects of success. The requirements for grant of stay under the Elmasry guidelines were not met. Application for stay is dismissed.
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Eden Holistic Spa (Pty) Limited v Woodlands Holdings Limited (CA 15 of 2020) [2022] SCSC 1098 (24 March 2022)
The Supreme Court of Seychelles dismissed an appeal against a Rent Board decision, holding the board could determine arrears and deposit issues on the evidence.
Chetty v Esther (SCCA 44 of 2020) [2021] SCCA 12 (13 May 2021)
The Court of Appeal struck out vague grounds of appeal and dismissed the appeal, upholding dismissal of the underlying applications, with no costs order.
Padayachy v Miloba & Anor (CS 95/2017) [2020] SCSC 577 (31 July 2020)
The Supreme Court dismissed a tenant’s claim alleging illegal eviction, finding he had sublet in breach of the lease and was not in possession.
Botanica Resort and Spa v Amirante International Cuisine (Pty) Ltd (CS 73/17) [2020] SCSC 480 (26 March 2020)
The Defendant breached the lease by failing to give six months’ notice and is liable for three months’ rent in lieu of notice. The Defendant is also liable for specific damages to the premises as detailed in the surveyor’s report, but not for general restoration to pre-lease condition or for utility arrears not conclusively proven. The sums awarded are to be set off against the deposit retained by the Plaintiff.
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Lodge Café v Eden Island Retail (MA 190/2019) [2020] SCSC 437 (4 February 2020)
Applicant failed to provide sufficient reasons for non-compliance with the Rent Board's order, did not demonstrate a reasonable chance of success on appeal, and did not show reasonable steps to satisfy the judgment debt. The balance of convenience and hardship did not favor granting a stay.
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Levi & Ano v Charles (CS 07/2016) [2018] SCSC 8239 (31 July 2018)
The Defendant breached the lease agreement by failing to deliver the premises in a completed, safe, and habitable state, acting in bad faith and failing to perform his obligations, thus entitling the Plaintiffs to compensatory damages. The Defendant's counterclaim fails as he was the party in breach.
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