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Seychelles decisions
Decisions matching the current search
Underwood v Pool (CS 41 of 2023) [2024] SCSC 25 (29 February 2024)
A Seychelles court rejected a major encroachment claim, found only minor trespass, and awarded the defendant SR8,000 in damages with costs.
Cerf & Surf Properties Limited v Calais & Others (SCA 08/2023) [2023] ((SCA 08/2023) [2023] (Arising in CS 63/2019) (18 December 2023)) [2023] SCCA 62 (18 December 2023)
The Court of Appeal upheld a demolition order for boundary encroachment, but quashed the loss-of-opportunity award and reduced loss-of-use damages.
Payette v Nicette (SCA 24 of 2021) [2023] SCCA 22 (26 April 2023)
Appeal dismissed in an encroachment dispute; acquisitive prescription failed after acknowledgment of ownership, and demolition orders were largely upheld.
Leonel v Turner & Ors (MC 56 of 2013) [2022] SCSC 599 (7 July 2022)
The court found the property could be subdivided as proposed, the 3rd respondent's droit de superficie is an overriding interest but limited by the testator's intention, and the 3rd respondent encroached on the 4th respondent's share in bad faith, warranting demolition of the encroaching structure.
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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.
Marie-May Kolsch vs Chalets Enterprise (Pty) Ltd & Ors (MA207/2019) [2021] SCSC 1027 (22 October 2021)
The Supreme Court of Seychelles dismissed an application for an interim injunction, finding no proven road construction and that the balance of convenience favored the respondents.
Nicette v Payet (CS 19/2014) [2021] SCSC 930 (28 June 2021)
Defendant's possession was interrupted by written acknowledgment of Plaintiff's rights in 2011, falling short of 20 years required for acquisitive prescription; possession was not peaceful due to contestation by Plaintiff's father; Defendant acted in bad faith; Plaintiff entitled to mandatory injunction for demolition of encroaching structures.
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Sinon v Wang (CS 22/2019) [2021] SCSC 838 (18 January 2021)
The court awarded SCR95,000 for a 53-square-metre property encroachment, refused demolition, and declined moral damages because they were not proven.
Ally v Julie (CS 46/2015) [2020] SCSC 547 (10 July 2020)
The Supreme Court of Seychelles held that a minimal property encroachment fell within the de minimis rule and awarded token compensation of SCR30,000.
Prosper & Anor v Fred (SCA 35 of 2016) [2018] SCCA 41 (13 December 2018)
The Court of Appeal allowed an appeal in a land encroachment dispute, holding the appellants had acquired the disputed strip by acquisitive prescription.
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