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Seychelles decisions
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Matile-Otar v Gopinath Builders (Pty) Ltd ([2025] (22 April 2025) SCA 17/2024 (Arising in CS 132/ 2019)) [2025] SCCA 4 (22 April 2025)
The appeal was dismissed for counsel’s failure to comply with procedural filing rules, with costs and refund orders made against counsel, not on the merits.
Otar v Gopinath Builders (Pty) Ltd (CS 132 of 2019) [2024] SCSC 204 (13 August 2024)
Construction dispute over delay, defects and payment ended with partial success for both sides, but the defendant’s counterclaim exceeded the plaintiff’s award.
Seyswift Car Hire v Dubignon & Ors (CS 12 of 2020) [2023] SCSC 620 (10 August 2023)
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.
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Doris Matile-Otar v Gopinath Builders (304) [2023] SCSC 304 (21 April 2023)
The Supreme Court allowed a defendant to amend its defence and counterclaim, but required procedural steps to protect the plaintiff from prejudice.
Hospitality Management Services (Pty) Ltd v Monthy Transit Self Catering Apartments (Pty) Ltd (CS 60 of 2017) [2022] SCSC 757 (6 September 2022)
Plaintiff failed to prove a contract for rental of equipment or entitlement to the claimed sums; only an acknowledgment of debt for rental arrears was established. The set-off arrangement for equipment was not effected. Defendant's counterclaim for rental arrears succeeded as Plaintiff admitted the debt. No agreement for storage fees was proven. The additional claim for which filing fees were not paid was disregarded. The plaint, though poorly drafted, disclosed a cause of action and was not struck out on that ground.
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Chetty & Anor v Laporte (SCA 19 of 2019) [2021] SCCA 80 (17 December 2021)
The Court of Appeal of Seychelles dismissed an appeal over encroachment and illegal construction, upholding the trial orders with minor time-limit amendments.
Labiche v Rode Company Limited (SCA 18 of 2019) [2021] SCCA 67 (17 December 2021)
The Court of Appeal dismissed a building-contract appeal, upholding the finding that the respondent completed the roof and ceiling and was owed SR 235,000.
Hoareau v Trust for Construction (CA 27/2019) [2021] SCSC 1073 (5 December 2021)
The Supreme Court of Seychelles dismissed a construction-contract appeal, upholding the magistrate’s judgment and finding the appellant failed to prove his counterclaim.
Bristol v Rosenbauer (SCA 71 of 2018) [2021] SCCA 54 (7 September 2021)
Appeal over a building-contract dispute largely failed, with the Court of Appeal adjusting the roof-repair figure and confirming damages for breach of contract.
Lucas v Edmond & Anor (MA 117/2020) [2020] SCSC 588 (21 August 2020)
The applicant failed to provide evidence that the respondent was acting in a manner to defeat the satisfaction of any future judgment; mere belief and general averments are insufficient to meet the threshold for provisional seizure as clarified in Eastern European Engineering v Vijay Construction.
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