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Seychelles Case Law

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Tort/delict [2023] SCCA 10

Land Marine Ltd v Madeleine (SCA 11 of 2021)

Land Marine Ltd v Madeleine (SCA 11 of 2021) [2023] SCCA 10 (26 April 2023)

The Court of Appeal allowed Land Marine Ltd’s appeal, holding that the respondent had not adequately pleaded or proved fault, causation, or vicarious liability in delict.

  • Vicarious liability
  • Personal liability
  • Pleadings
  • Fault and causation
  • Damages
  • Delict
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Insurance law [2023] SCCA 20

H. Savy Insurance Co. Ltd v Oceana Fisheries Ltd (SCA 19 of 2021)

H. Savy Insurance Co. Ltd v Oceana Fisheries Ltd (SCA 19 of 2021) [2023] SCCA 20 (26 April 2023)

The Court of Appeal dismissed an insurer’s challenge, holding that refrigeration plant damage was caused by saline water, not wear and tear, and upheld the award.

  • Insurance policy exclusions
  • Causation of loss
  • Burden of proof
  • Judicial bias
  • Quantum of damages
  • Insurance-law
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Tort [2023] SCCA 15

Esparon v Philo (SCA 17 of 2021)

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

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.

  • Delict
  • Burden of proof
  • Effect of criminal conviction in civil proceedings
  • Expert evidence
  • Causation
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Tort law [2023] SCSC 215

Public Utilities Corporation v Dubignon

Public Utilities Corporation v Dubignon (Civil 311 of 2021) [2023] SCSC 215 (24 March 2023)

The Appellant's acts and omissions were the sole and immediate cause of the Respondent's injuries, constituting a faute in law. The Magistrate's findings on evidence, causation, fault, and quantum of damages were justified and not manifestly excessive. The appeal is dismissed with costs.

  • Faute (fault)
  • Causation
  • Quantum of damages
  • Standard of care
  • Third party liability
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Tort law [2021] SCSC 246

AE v GP (CS 150 of 2019)

AE v GP (CS 150 of 2019) [2021] SCSC 246 (10 May 2021)

The Supreme Court of Seychelles dismissed a minor’s delict claim for eye injury, finding the Plaintiff failed to prove the accident and causation on a balance of probabilities.

  • Delict
  • Negligence
  • Burden of proof
  • Admissibility of criminal conviction in civil proceedings
  • Causation
  • Damages
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Delict [2018] SCCA 33

Civil Construction Company Limited v Leon & Ors (SCA 36 of 2016)

Civil Construction Company Limited v Leon & Ors (SCA 36 of 2016) [2018] SCCA 33 (13 December 2018)

Court of Appeal held the respondents failed to prove liability or proper standing for the minors, and set aside the trial court’s damages award.

  • Vicarious liability
  • Strict liability
  • Assessment of damages
  • Standing of minors
  • Pleadings
  • Causation
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Tort [2018] SCSC 8075

Robert v United Concrete Product (Seychelles) Ltd (CS 45/2015)

Robert v United Concrete Product (Seychelles) Ltd (CS 45/2015) [2018] SCSC 8075 (15 February 2018)

The Supreme Court of Seychelles dismissed a workplace-injury claim after finding the plaintiff had not proved the accident caused the spinal injury claimed.

  • Workplace injury
  • Causation
  • Compensation
  • Aggravation of pre-existing condition
  • Workplace-injury
  • Pre-existing-condition
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Criminal law [2017] SCSC 917

R v Oreddy (CO 23/2014)

R v Oreddy (CO 23/2014) [2017] SCSC 917 (31 August 2017)

The Supreme Court of Seychelles convicted the accused of dangerous driving and drink-driving, but acquitted him of manslaughter after finding the higher negligence test unmet.

  • Manslaughter
  • Dangerous driving
  • Driving under influence
  • Standard of negligence
  • Causation
  • Dangerous-driving
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Tort law [2014] SCSC 158

Haidee vs Beaufond and another (CS 104.2010)

Haidee vs Beaufond and another (CS 104.2010) [2014] SCSC 158 (12 May 2014)

The Supreme Court of Seychelles dismissed a tort claim for assault and damages, finding no proven fault or causal link between the defendants’ conduct and the plaintiff’s medical conditions.

  • Assault
  • Damages
  • Fault
  • Causation
  • Tort-law
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Tort law [2014] SCCA 48

Rose & Ors v Civil Construction Company Limited (SCA 26 of 2012)

Rose & Ors v Civil Construction Company Limited (SCA 26 of 2012) [2014] SCCA 48 (11 April 2014)

The Court of Appeal of Seychelles dismissed a claim that quarry operations caused cracks and health problems, finding the appellants had not proved causation.

  • Nuisance
  • Causation
  • Damages
  • Burden of proof
  • Representative action
  • Environmental-law
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.