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Seychelles decisions
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The Court held that the Plaintiff proved unjust enrichment against Celtic Enterprise Ltd, awarding repayment of €164,082.04 plus interest and costs, but dismissed the claim against Maurizio Giulietti.
The court declared the marriage between Michal Tomasz Nowacki and Katavzyna Anna Dabrowska null and void ab initio because he was already married.
Hoff v Servina (MA 54 of 2024) [2024] SCSC 135 (10 July 2024)
The Supreme Court of Seychelles set aside an ex parte hearing order, finding the defendant acted promptly and that equity justified relief despite procedural defects.
Govinden v Estate of the late Julien Servina & Ors (MA 260 of 2023) [2023] SCSC 557 (21 July 2023)
The applicant demonstrated a serious question to be tried regarding her right of passage, damages would not be an adequate remedy, and the balance of convenience favored preserving the status quo by granting an interim injunction to prevent further obstruction until the main case is determined.
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BS & Anor v ZB & Anor (CA 04/2019) [2020] SCSC 592 (3 September 2020)
The appeal was dismissed because the minor lacked legal capacity to be sued in his own name, parental liability was not properly engaged or pleaded, and vicarious liability must be specifically pleaded with parents made defendants. The court could not enter judgment against a party with no legal capacity, and the Magistrate exercised discretion correctly regarding ex parte proceedings.
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Beau Vallon Properties Ltd (t/a Coral Strand Hotel) v Cointy (CA 32/2017) [2018] SCSC 8222 (15 July 2018)
The Tribunal's decision to proceed with the hearing in the absence of appellant's counsel was not the best option but was not unlawful. The appellant was represented by a company representative, and the Tribunal acted within its discretionary powers. There was no clear error of law or perverse finding to warrant appellate interference.
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Financial Intelligence Unit vs Battin and another (Miscellaneous Cause No. 87 of 2012) [2013] SCSC 52 (6 May 2013)
The applicant failed to provide sufficient evidence linking the seized sum of US$12,160 found in the possession of the second respondent to the first respondent or to criminal conduct. The grounds for statutory belief did not establish the necessary connection required under POCA, and the circumstances of seizure did not demonstrate a failure to declare under the relevant law. Therefore, the application for an interlocutory order and appointment of a receiver was declined.
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Prudence and another vs Frideria (Civil Appeal No. 45 of 2012) [2013] SCSC 7 (1 February 2013)
The Supreme Court questioned whether a civil appeal could properly begin ex parte without serving the respondent, and reset the matter for further hearing.
Morin v Pool (SCA 14 of 2010) [2012] SCCA 37 (13 April 2012)
Both the application for the writ and the defence were unsupported by valid affidavits as required by law; affidavits sworn before counsel or their partners are irregular and invalid, rendering the proceedings unsustainable.
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Victor v Hoareau (CA 1/2010) [2011] SCSC 106 (3 June 2011)
The Supreme Court dismissed an appeal against a default judgment, holding that the Magistrate could enter judgment after the defendant failed to file a defence despite several opportunities.
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