Seychelles Case Law

Nandrandraina Falisoa Rakotoasimbola & Filip; Rahajarivokinelina (a minor)(represented by her mother and guardian) v Ivan Jules Francois Sinon ((SCA 09/2025) Arising in

Nandrandraina Falisoa Rakotoasimbola & Filip; Rahajarivokinelina (a minor)(represented by her mother and guardian) v Ivan Jules Francois Sinon ((SCA 09/2025) Arising in [2021] SCA CS 94 of 2021) [2025] SCCA 19 (18 August 2025)

Court

Court of Appeal

Case number

(SCA 09/2025) Arising in [2021] SCA CS 94 of 2021

Court of Appeal held a motorist liable after applying Article 1388 strict liability, finding the defence and pleadings insufficient to rebut fault.

• Strict liability
• Motor vehicle accidents
• Burden of proof
• Contributory negligence
• Admissibility of criminal convictions
• Pleadings

Read case analysis

Laurence v Attorney General & Anor (CS 90 of 2019)

Laurence v Attorney General & Anor (CS 90 of 2019) [2024] SCSC 120 (26 July 2024)

Court

Supreme Court

Case number

CS 90 of 2019

Medical negligence claim dismissed after the court found the hospital’s treatment of a child with sepsis was timely, scientific, and not shown to be negligent.

• Medical malpractice
• Vicarious liability
• Pain and suffering
• Moral damages
• Hospital-acquired infection
• Standard of care

Read case analysis

Samedi v The Government of Seychelles (CS 95 of 2022)

Samedi v The Government of Seychelles (CS 95 of 2022) [2024] SCSC 147 (25 July 2024)

Court

Supreme Court

Case number

CS 95 of 2022

The Supreme Court held the Government liable for a faulty elbow surgery that caused a dislocation and ongoing pain, but not for claimed nerve palsy.

• Vicarious liability
• Medical malpractice
• Personal injury
• Damages
• Medical-negligence
• Vicarious-liability

Read case analysis

Kumykov & Anor v Attorney General (CS 81 of 2021)

Kumykov & Anor v Attorney General (CS 81 of 2021) [2024] SCSC 142 (8 July 2024)

Court

Supreme Court

Case number

CS 81 of 2021

The Supreme Court of Seychelles dismissed the first plaintiff’s claim over delayed COVID-19 travel clearance, and awarded the second plaintiff SCR 21,500 for moral damages.

• Delict
• Negligence
• Covid-19 protocols
• Damages
• Medical administration
• Covid-19

Read case analysis

Seyswift Car Hire v Dubignon & Ors (CS 12 of 2020)

Seyswift Car Hire v Dubignon & Ors (CS 12 of 2020) [2023] SCSC 620 (10 August 2023)

Court

Supreme Court

Case number

CS 12 of 2020

The 2nd Defendant was solely responsible for the accident due to reckless driving, and the 1st Defendant, as owner, is vicariously liable. The 3rd Defendant (SACOS) is not liable to the Plaintiff directly. The Plaintiff is entitled to damages for the value of the car (less salvage), limited loss of income, but not moral damages. The counterclaim by the 1st and 2nd Defendants is dismissed.

Source excerpt

• Vicarious liability
• Motor vehicle accident
• Damages
• Counterclaim
• Pleadings
• Privity of contract

Read case analysis

Esparon v Philo (SCA 17 of 2021)

Esparon v Philo (SCA 17 of 2021) [2023] SCCA 15 (26 April 2023)

Court

Court of Appeal

Case number

SCA 17 of 2021

The appellant failed to prove on a balance of probabilities that the respondent's conduct caused her loss of eyesight. The expert evidence did not conclusively establish causation, and alternative medical explanations were plausible. The respondent's criminal conviction did not automatically establish civil liability. The trial judge exercised discretion properly in weighing the evidence and was justified in dismissing the claim.

Source excerpt

• Delict
• Burden of proof
• Effect of criminal conviction in civil proceedings
• Expert evidence
• Causation

Read case analysis

Berjaya Beauvallon Bay Beach Resort Limited v Savy & Anor (CS 108 of 2014)

Berjaya Beauvallon Bay Beach Resort Limited v Savy & Anor (CS 108 of 2014) [2023] SCSC 60 (30 January 2023)

Court

Supreme Court

Case number

CS 108 of 2014

The 1st defendant, by operation of vehicle S15555, is presumed at fault under Article 1383(2) and failed to rebut this presumption. The plaintiff, having only been compensated by its own insurer and not by the wrongdoer or their insurer, is entitled to claim against the 1st defendant under the doctrine of cumul d’indemnités. The 2nd defendant is not found liable. The plaintiff is awarded SCR 772,805 plus interest and costs against the 1st defendant only.

Source excerpt

• Delictual liability
• Vehicle collision
• Subrogation
• Double recovery
• Strict liability
• Negligence

Read case analysis

H. Savy Insurance Co. Ltd v Mondon and Anor (SCA 65 of 65)

H. Savy Insurance Co. Ltd v Mondon and Anor (SCA 65 of 65) [2022] SCCA 65 (16 December 2022)

Court

Court of Appeal

Case number

SCA 65 of 65

The Court of Appeal of Seychelles dismissed an insurer’s challenge to a personal injury damages award, holding the trial judge’s assessment was supported by the evidence.

• Personal injury
• Quantum of damages
• Road traffic accident
• Compensation for bodily injury
• Personal-injury
• Quantum-of-damages

Read case analysis

Kilindo v Health Care Agency & Anor (CS 22 of 2021)

Kilindo v Health Care Agency & Anor (CS 22 of 2021) [2022] SCSC 730 (24 August 2022)

Court

Supreme Court

Case number

CS 22 of 2021

Medical negligence claim over knee replacement surgery dismissed; the court found no proof of negligent surgery or postoperative care.

• Medical negligence
• Obligation de résultat
• Obligation de moyens
• Damages
• Burden of proof
• Medical-negligence

Read case analysis

O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 8 of 2019)

O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 8 of 2019) [2021] SCCA 35 (13 August 2021)

Court

Court of Appeal

Case number

SCA 8 of 2019

The Court of Appeal upheld liability for nuisance caused by construction noise, dust and related disturbance, and dismissed the appeal with costs.

• Nuisance
• Liability for nuisance
• Damages
• Civil procedure
• Pleadings
• Tort-liability

Read case analysis