Seychelles Case Law

The Board of Trustees of the Roman Catholic Church in Seychelles v Mission Investment Limited (CS 46/2017)

The Board of Trustees of the Roman Catholic Church in Seychelles v Mission Investment Limited (CS 46/2017) [2018] SCSC 8055 (30 January 2018)

Court

Supreme Court

Case number

CS 46/2017

The Supreme Court of Seychelles found the defendant breached a lease for a tourist project, declared the lease rescinded, ordered repossession, rent arrears, and costs.

• Breach of lease
• Repossession of land
• Damages for breach of contract
• Breach-of-lease
• Repossession-of-land
• Rent-arrears

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Nourrice v Benelux Shipping Seychelles Co. Ltd (CS 111/2015)

Nourrice v Benelux Shipping Seychelles Co. Ltd (CS 111/2015) [2017] SCSC 932 (5 October 2017)

Court

Supreme Court

Case number

CS 111/2015

Contract dispute over airfreight charges. The court held the plaintiff was bound only by the actual cargo weight, awarded moral damages, and allowed the defendant’s local costs counterclaim.

• Formation of contract
• Interpretation of contract terms
• Freight and shipping agreements
• Damages for breach of contract
• Contract-formation
• Contract-interpretation

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Estate, Charlemagne Grandcourt & Ors v Gill (SCA 7 of 2011)

Estate, Charlemagne Grandcourt & Ors v Gill (SCA 7 of 2011) [2012] SCCA 31 (7 December 2012)

Court

Court of Appeal

Case number

SCA 7 of 2011

The respondent failed to pay the final installment of the purchase price within the extended deadline, entitling the appellants to seek rescission. However, given partial performance and the circumstances, the contract is confirmed but the respondent must pay the outstanding sum with interest and damages for partial failure of performance. Registration of the land in the respondent's name is conditional upon full payment. The trial judge erred in not accounting for the unpaid balance and interest.

Source excerpt

• Specific performance
• Rescission of contract
• Land transfer
• Damages for breach of contract
• Registration of land
• Counterclaim

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Yola Ah-Time and another vs Daniel Mancienne and another

Yola Ah-Time and another vs Daniel Mancienne and another (Civil Side No: 70 of 2007) [2012] SCSC 44 (3 December 2012)

Court

Supreme Court

Case number

Civil Side No: 70 of 2007

The Supreme Court of Seychelles held that specific performance would not be granted for a promise of sale accompanied by a deposit, applying Article 1590 of the Civil Code.

• Promise of sale
• Specific performance
• Damages for breach of contract
• Deposit forfeiture
• Trespass
• Construction without authority

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Gill v Estate of Grancourt and Another (174 of 1995)

Gill v Estate of Grancourt and Another (174 of 1995) [2011] SCSC 17 (22 March 2011)

Court

Supreme Court

Case number

174 of 1995

The court ordered specific performance of a land sale, upheld the transfer deed, and awarded nominal damages after rejecting claims of duress, fraud, and lack of consent.

• Specific performance
• Sale of immovable property
• Registration of title
• Duress and undue influence
• Damages for breach of contract
• Specific-performance

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Lesperance v Richmond (430 of 2006)

Lesperance v Richmond (430 of 2006) [2010] SCSC 115 (10 November 2010)

Court

Supreme Court

Case number

430 of 2006

The court held a written access-road agreement valid and enforceable, ordered specific performance and an injunction, and awarded reduced damages for blockage of the driveway.

• Specific performance
• Injunction
• Right of way
• Damages for breach of contract
• Specific-performance
• Injunctions

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Prestige Car Hire v Athanase (298 of 2003)

Prestige Car Hire v Athanase (298 of 2003) [2004] SCSC 22 (29 July 2004)

Court

Supreme Court

Case number

298 of 2003

The Supreme Court of Seychelles entered judgment for a car hire company after an ex parte hearing, awarding SR55,000 and costs for damage to a hired vehicle.

• Car hire agreement
• Damages for breach of contract
• Negligence causing property damage
• Car-hire-agreement
• Damages-for-property-damage
• Ex-parte-civil-judgment

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Alcan Deutschland Gmbh v Rapid Roofing (Pty) Ltd (216 of 2002)

Alcan Deutschland Gmbh v Rapid Roofing (Pty) Ltd (216 of 2002) [2004] SCSC 5 (17 March 2004)

Court

Supreme Court

Case number

216 of 2002

The defendant was found to have acted in bad faith by failing to pay for goods delivered under agreed credit terms and not responding to repeated demands. The plaintiff was entitled to interest at 5.8% per annum for the relevant periods, travel and hotel expenses for its representative, but not professional fees due to non-compliance with statutory requirements.

Source excerpt

• Interest on delayed payment
• Damages for breach of contract
• Recovery of costs
• Bad faith in commercial transactions

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General Insurance Company of Seychelles v Bonte (SCA 6 of 1994)

General Insurance Company of Seychelles v Bonte (SCA 6 of 1994) [1995] SCCA 12 (16 June 1995)

Court

Court of Appeal

Case number

SCA 6 of 1994

The Court of Appeal held the respondent was entitled only to five years of director’s fees, not the full amount claimed, and set aside moral damages.

• Directors' remuneration
• Prescription of claims
• Breach of contract
• Jurisdiction under employment act
• Damages for breach of contract
• Directors-remuneration

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Abel Expedit v Herbert Echier (SCA 1 of 1992)

Abel Expedit v Herbert Echier (SCA 1 of 1992) [1993] SCCA 1 (31 March 1993)

Court

Court of Appeal

Case number

SCA 1 of 1992

The Court of Appeal dismissed a claim for damages after a treasure-hunt partnership was held frustrated when the underlying government contract was lawfully terminated.

• Frustration of contract
• Termination of partnership
• Damages for breach of contract
• Frustration-of-contract
• Partnership-law
• Breach-of-contract

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