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Seychelles Case Law

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Criminal law [2025] SCSC 18

R v Labrosse & Anor (FH 7 of 2025)

R v Labrosse & Anor (FH 7 of 2025) [2025] SCSC 18 (24 February 2025)

The Supreme Court of Seychelles granted a prosecution application under section 101(1) of the Criminal Procedure Code and ordered two suspects remanded in police custody.

  • Detention
  • Prima facie case
  • Evidence assessment
  • Criminal-procedure
  • Prima-facie-case
  • Evidence-assessment
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Constitutional law [2024] SCCA 35

Elizabeth v Commissioner of Police (((SCA 16/2024)

Elizabeth v Commissioner of Police (((SCA 16/2024) [2024] (Arising in MC 57/2024) (18 December 2024)) [2024] SCCA 35 (18 December 2024)

The affidavit sworn by the attorney was not defective under Rule 5(2) of the Criminal Procedure (Habeas Corpus) Rules, 2015, and the Supreme Court was the proper forum for the application. However, the affidavit failed to establish a prima facie case of unlawful detention as required by Rule 6(1), and thus the application for a writ of habeas corpus was properly dismissed.

  • Habeas corpus
  • Detention
  • Deportation
  • Professional conduct of advocates
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Criminal law [2022] SCSC 816

Benoiton v The Republic (CM 122 of 2022)

Benoiton v The Republic (CM 122 of 2022) [2022] SCSC 816 (21 September 2022)

The Supreme Court of Seychelles varied Mr Leslie Benoiton’s place of detention, rescinding his earlier remand order and directing detention at the PI Centre.

  • Detention
  • Variation of detention orders
  • Variation-of-detention-orders
  • Criminal-law
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Tort law [2022] SCCA 1

Carolus and Others v Scully and Others (SCA 39 of 2019)

Carolus and Others v Scully and Others (SCA 39 of 2019) [2022] SCCA 1 (28 January 2022)

The Court of Appeal quashed a Supreme Court judgment in an unlawful-search claim, holding the trial judge failed to properly evaluate the evidence.

  • Unlawful search
  • Detention
  • Burden of proof
  • Standard of care
  • Police immunity
  • Unlawful-search
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Constitutional law [2017] SCSC 49

Dine v Commissioner of Police (CS 13/2015)

Dine v Commissioner of Police (CS 13/2015) [2017] SCSC 49 (26 January 2017)

The arrest and detention of the Plaintiff were lawful under section 173A of the Penal Code. There is no constitutional or statutory right for an adult arrestee to immediate communication with an employer. The Commissioner of Police is not vicariously liable for the acts of police officers; such actions must be brought against the Government of Seychelles.

  • Vicarious liability
  • Lawful arrest
  • Detention
  • Right to communication
  • Police powers
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Tort law [2013] SCSC 78

Nourrice vs Government of Seychelles and another (CS 38.2012)

Nourrice vs Government of Seychelles and another (CS 38.2012) [2013] SCSC 78 (31 October 2013)

The Supreme Court of Seychelles dismissed a claim for damages alleging unlawful arrest and detention, finding the police acted lawfully and without fault.

  • Vicarious liability
  • Unlawful arrest
  • Detention
  • Damages
  • Police powers
  • Unlawful-arrest
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Constitutional law [2013] SCSC 55

Trajter v Commissioner of Police (MC 19/2013)

Trajter v Commissioner of Police (MC 19/2013) [2013] SCSC 55 (7 May 2013)

The Minister failed to comply with Section 11(2) of the Citizenship Act by not notifying the applicant of the grounds for revocation or his right to an enquiry; therefore, the revocation of citizenship and subsequent detention are unlawful.

  • Detention
  • Revocation of citizenship
  • Procedural fairness
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Immigration law [2007] SCSC 131

Timonina v Government of Seychelles (CS 173/2007)

Timonina v Government of Seychelles (CS 173/2007) [2007] SCSC 131 (30 July 2007)

The Supreme Court of Seychelles released a prohibited immigrant on bail pending judicial review, applying English High Court practice in the absence of local procedural rules.

  • Habeas corpus
  • Detention
  • Bail
  • Prohibited immigrant
  • Judicial review
  • Habeas-corpus
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Criminal law [2007] SCSC 80

Republic v Dodin (2 of 2007)

Republic v Dodin (2 of 2007) [2007] SCSC 80 (11 April 2007)

The Supreme Court of Seychelles ordered Davis Dodin’s immediate release from detention after accepting that hospitalization explained his absence from court.

  • Non-attendance of court
  • Warrant of arrest
  • Detention
  • Medical evidence
  • Criminal-law
  • Non-attendance-of-court
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