Seychelles Case Law

Smart Vega Holding Ltd v Ver (MA 271 of 2023 (Arising in CS 102 of 2022))

Smart Vega Holding Ltd v Ver (MA 271 of 2023 (Arising in CS 102 of 2022)) [2024] SCSC 110 (18 July 2024)

Court

Supreme Court

Case number

MA 271 of 2023 (Arising in CS 102 of 2022)

The Respondent is a non-resident with no assets in Seychelles, and the affidavit in reply was fatally defective for failing to exhibit the emails relied upon. The requirements for security for costs are met, but the amount sought by the Applicant is excessive and could be oppressive. The Court exercises its discretion to grant the application but reduces the amount to a reasonable sum to avoid stifling a genuine claim.

Source excerpt

• Security for costs
• Non-resident litigants
• Affidavit evidence
• Discretion of court
• Pleadings

Read case analysis

Julie v Julie (MA 107 of 2024)

Julie v Julie (MA 107 of 2024) [2024] SCSC 118 (8 July 2024)

Court

Supreme Court

Case number

MA 107 of 2024

The Supreme Court dismissed an application to examine a witness by sworn statement, holding that age alone was not enough without evidence of illness or lawful impediment.

• Examination of witnesses
• Affidavit evidence
• Summons procedure
• Civil-procedure
• Evidence
• Witness-examination

Read case analysis

Marie v R ((SCA CR MA 10/2023)

Marie v R ((SCA CR MA 10/2023) [2024] (Arising in CO 101/2021)) [2024] SCCA 1 (30 January 2024)

Court

Court of Appeal

Case number

(SCA CR MA 10/2023) [2024] (Arising in CO 101/2021)

The applicant failed to provide sufficient or justifiable cause for the delay in filing the notice of appeal; mere inability to contact counsel and dissatisfaction with judgment are inadequate grounds. The court declined to exercise its discretion to extend time under Rule 26.

Source excerpt

• Extension of time to appeal
• Discretion of court
• Affidavit evidence

Read case analysis

Udwadia v Udwadia (MA 252 of 2023 (Arising in DV 100 of 2021))

Udwadia v Udwadia (MA 252 of 2023 (Arising in DV 100 of 2021)) [2024] SCSC 9 (17 January 2024)

Court

Supreme Court

Case number

MA 252 of 2023 (Arising in DV 100 of 2021)

The Supreme Court of Seychelles dismissed an application for leave to file a matrimonial property adjustment petition out of time for defective affidavit evidence.

• Matrimonial property
• Extension of time
• Affidavit evidence
• Procedural compliance
• Matrimonial-property
• Extension-of-time

Read case analysis

The Government of Seychelles v Ge-Geology Limited (MC 30 of 2021)

The Government of Seychelles v Ge-Geology Limited (MC 30 of 2021) [2023] SCSC 716 (22 September 2023)

Court

Supreme Court

Case number

MC 30 of 2021

The Supreme Court of Seychelles granted a POCA restraint and receiver order over funds in Ge-Geology Limited’s bank account, rejecting technical objections and no-conviction arguments.

• Interlocutory orders
• Receiver appointment
• Burden of proof
• Affidavit evidence
• Definition of property
• Abuse of process

Read case analysis

Lablache & Anor v Vital (488)

Lablache & Anor v Vital (488) [2023] SCSC 488 (23 June 2023)

Court

Supreme Court

Case number

488

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.

Source excerpt

• Stay of execution
• Eviction
• Appeal procedure
• Affidavit evidence

Read case analysis

Bonne v Sinon & Or (MA 168 of 2023)

Bonne v Sinon & Or (MA 168 of 2023) [2023] SCSC 444 (9 June 2023)

Court

Supreme Court

Case number

MA 168 of 2023

The Supreme Court dismissed an application to set aside a dismissal for want of prosecution and reinstate the suit, finding the affidavit deficient and the law against reinstatement.

• Reinstatement of suit
• Dismissal for want of prosecution
• Affidavit evidence
• Court rules
• Dismissal-for-want-of-prosecution
• Reinstatement-of-suit

Read case analysis

Ramkalawan v Electoral Commission & Ors (MA 163 of 2016 (Arising from CP 01 of 2016))

Ramkalawan v Electoral Commission & Ors (MA 163 of 2016 (Arising from CP 01 of 2016)) [2016] SCCC 12 (13 June 2016)

Court

Constitutional Court

Case number

MA 163 of 2016 (Arising from CP 01 of 2016)

The Constitutional Court of Seychelles dismissed an application for a stay of execution because no appeal had in fact been filed and no supporting grounds were shown.

• Stay of execution
• Affidavit evidence
• Appeal procedure
• Stay-of-execution
• Affidavit-evidence
• Appeal-procedure

Read case analysis