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Seychelles decisions
Decisions matching the current search
Tankov v Village Management Association (CC 04 of 2025) [2025] SCSC 121 (9 September 2025)
The Supreme Court refused to decline jurisdiction on a preliminary arbitration objection because the defendant did not show readiness and willingness to arbitrate.
Tankov v Eden Island Village Management Association (MA 78 of 2025 (Arising out of CC 04 of 2025)) [2025] SCSC 123 (9 September 2025)
The Supreme Court dismissed an application for a mandatory interim injunction to compel breakwater repairs at Eden Island, finding damages adequate and the balance of convenience against relief.
Ex parte Liquidity Technologies Ltd (MA 195 of 2022) [2022] SCSC 827 (22 September 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.
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Doyle v Philoe (CS 110/2016) [2018] SCSC 8107 (11 March 2018)
The court found that the plaintiff had a valid Power of Attorney and that the arbitration clause did not apply since the dispute was not about quality of work or amount payable, but about refund after full payment and breach of contract. Thus, the Supreme Court has jurisdiction.
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Bajrang Builders (Pty) Ltd v Harini & Co. (Pty) Ltd (MA 21/2017 (Arising in CS 11/2016)) [2017] SCSC 878 (8 June 2017)
The applicant failed to prove that the arbitration agreement was valid and subsisting and did not demonstrate readiness to submit to arbitration at the commencement of proceedings. The arbitration clause was subject to other provisions in the agreement, and the applicant only sought arbitration after filing a defence on the merits. Therefore, the court's jurisdiction was not ousted.
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Kozhaev v Eden Island Development Company (SCA 35 of 2013) [2016] SCCA 34 (9 December 2016)
The Court of Appeal held that the respondent failed to prove an outstanding purchase price for a villa sale, but upheld dismissal of the counter-claim for defects.
Eastern European Enginering (ltd) v Vijay Construction (Pty) Ltd (SCA 10 of 2014) [2016] SCCA 4 (22 April 2016)
The Court of Appeal dismissed an appeal over amendment of pleadings and ownership of a prefabricated site structure in a FIDIC construction contract.
Plate Island Resort & Villa Ltd v Island Development Company Ltd (13 of 2012) [2012] SCSC 28 (5 July 2012)
The Supreme Court of Seychelles dismissed an application for interlocutory injunction over lease termination, finding material affidavit errors and an obvious rent breach.
Emerald Cove Ltd v Intour S.R.L (SCA 9 of 2000) [2000] SCCA 11 (23 November 2000)
Appeal over eviction by writ of habere facias possessionem dismissed; the court upheld rescission of the management agreement and rejected jurisdiction and tenancy objections.
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