Seychelles Case Law

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited & Anor (MA 40 of 2025 (Arising in MC59 of 2024))

Eden Island Village Management Association v Eden Island Development Company (Seychelles) Limited & Anor (MA 40 of 2025 (Arising in MC59 of 2024)) [2025] SCSC 139 (23 October 2025)

Court

Supreme Court

Case number

MA 40 of 2025 (Arising in MC59 of 2024)

The Supreme Court of Seychelles dismissed a contempt application, finding no clear court order or unequivocal undertaking to maintain the status quo over disputed land parcels.

• Contempt of court
• Undertakings
• Injunctions
• Land registration
• Easements
• Contempt-of-court

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Gedeon v Rath (CS 71 of 2022)

Gedeon v Rath (CS 71 of 2022) [2024] SCSC 201 (29 November 2024)

Court

Supreme Court

Case number

CS 71 of 2022

The right of way, established by Judgment by Consent, remains binding and unaltered as the Plaintiff failed to demonstrate compelling reasons or significant change in circumstances warranting modification. The absence of registration does not affect its enforceability between the parties. Modification would disproportionately burden the Defendant without sufficient necessity.

Source excerpt

• Easements
• Right of way
• Modification of servitude
• Land registration

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Aglae V Robert (SCA 74 of 2018)

Aglae V Robert (SCA 74 of 2018) [2021] SCCA 48 (13 August 2021)

Court

Court of Appeal

Case number

SCA 74 of 2018

The Land Registration Act has primacy and requires easements to be created in a prescribed form and registered as encumbrances. Exhibit P1 did not meet these requirements and thus did not create a valid easement. The respondent at most had a licence, not an easement. The Supreme Court erred in finding otherwise and in failing to consider alternative access over parcel T821.

Source excerpt

• Easements
• Right of way
• Land registration
• Discontinuous easements

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Bantele-Lefevre v Lanza (SCA 43/2017)

Bantele-Lefevre v Lanza (SCA 43/2017) [2020] SCCA 46 (16 October 2020)

Court

Court of Appeal

Case number

SCA 43/2017

The Court of Appeal allowed an appeal over a purported consent judgment, holding the trial procedure was not authorised by Seychelles law and remitting the matter.

• Judgment by consent
• Right of way
• Easements
• Procedure for consent judgments
• In rem vs in personam rights
• Judgment-by-consent

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Gill v The Attorney General and Telecom Seychelles Limited (CS 75/2017)

Gill v The Attorney General and Telecom Seychelles Limited (CS 75/2017) [2020] SCSC 536 (3 July 2020)

Court

Supreme Court

Case number

CS 75/2017

The Government committed a faute by constructing a road on the Plaintiff's land without permission or legal right of way, making it liable in delict. The Plaintiff's suit is not prescribed because a right of way cannot be acquired by prescription for discontinuous easements. Telecom Seychelles Limited, as a licensee, is not liable in delict for property damage arising from statutory access; compensation must be sought under the Broadcasting and Telecommunications Act.

Source excerpt

• Trespass
• Right of way
• Delict (faute)
• Easements
• Compensation for land use
• Statutory rights of licensees

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Barbier v Morin & Ors (SCA 17 of 2017)

Barbier v Morin & Ors (SCA 17 of 2017) [2019] SCCA 37 (22 August 2019)

Court

Court of Appeal

Case number

SCA 17 of 2017

The Respondents' properties were found to have inadequate access to the public highway; the alternative road was impractical and unsafe. Therefore, under Article 682(1) of the Civil Code, the Respondents are entitled to a right of way over the Appellant's land, but the dominant tenement owners must repair and maintain the access road, and compensation for damage is warranted.

Source excerpt

• Right of way
• Easements
• Compensation for servitude
• Enclaved land
• Injunctions

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Julie Vannier v Maureen Hoareau and Anor

Julie Vannier v Maureen Hoareau and Anor [2019] SCSC 458 (5 June 2019)

Court

Supreme Court

The court found no registered right of way over the first defendant’s land, but held the plaintiff’s property was enclaved and granted access over the second defendant’s land.

• Right of way
• Enclaved property
• Easements
• Right-of-way
• Enclaved-property
• Property-law

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Vannier v Hoareau & Ano (CS 70/2013)

Vannier v Hoareau & Ano (CS 70/2013) [2019] SCSC 1218 (4 June 2019)

Court

Supreme Court

Case number

CS 70/2013

There was no evidence of a registered right of way or court order over the first Defendant’s property; the Plaintiff’s property is enclaved within the meaning of Article 682 of the Civil Code, and the only practical access is over the second Defendant’s property, entitling the Plaintiff to a right of way there.

Source excerpt

• Right of way
• Enclaved property
• Easements

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Jerina Ah-tive v Allen Hoareau (SCA 1 of 2017)

Jerina Ah-tive v Allen Hoareau (SCA 1 of 2017) [2019] SCCA 5 (9 May 2019)

Court

Court of Appeal

Case number

SCA 1 of 2017

Court of Appeal held a registered right of way and injunction subsisted, found obstruction by the appellant, and ordered restoration and damages.

• Easements
• Right of way
• Extinction of easements
• Damages
• Injunctions
• Right-of-way

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Robert v Aglae (CS41/2018)

Robert v Aglae (CS41/2018) [2018] SCSC 8324 (20 November 2018)

Court

Supreme Court

Case number

CS41/2018

The Plaintiff has a valid and enforceable right of way over Parcel T.1932 based on the registered agreement, and the lack of prescribed form does not invalidate the easement; the Defendant and his agents must not interfere with this access.

Source excerpt

• Easements
• Land registration
• Servitude
• Right of way

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