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Seychelles decisions
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Moulinie v Government of Seychelles & Ors (SCA 40 of 2013) [2016] SCCA 10 (22 April 2016)
Court of Appeal held that compensation for unreturned land had to be assessed at current market value, not 1993 value, and allowed the appeal.
Michel & Ors v Dhanjee & Ors (SCA 5 of 2012) [2012] SCCA 10 (31 August 2012)
The majority held that the CAA's letter, though ambiguously worded, was a valid recommendation for reappointment based on exceptional circumstances, and the President's appointment of Justice Domah for a second term was constitutional. The applicant had sufficient standing as a concerned citizen to bring the petition. The Constitutional Court erred in its narrow interpretation of the recommendation and the requirements for reappointment. The appeal was allowed and the appointment upheld.
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Moulinie v Government of Seychelles & Anor (CP 11 of 2011) [2012] SCCC 2 (7 May 2012)
The petitioner is entitled to the return of all parcels of land compulsorily acquired by the Government that have not been developed since acquisition or for which there is no government plan to develop. Where land has been developed or transferred to third parties, the petitioner is entitled to monetary compensation at the market value as at the time of coming into force of the Constitution. The Government's failure to prioritize the return of undeveloped land before offering monetary compensation breached the petitioner's constitutional rights under section 14 of Part 3 of Schedule 7 of the…
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Dhanjee v Michel & Ors (CP 15 of 2011) [2012] SCCC 1 (17 January 2012)
The Constitutional Court held that the CAA’s recommendation to extend a non-citizen judge’s term was unconstitutional and the President’s appointment void.
Prea v Speaker of National Assembly and Anor (9 of 2011) [2011] SCCC 8 (4 September 2011)
The Constitutional Court of Seychelles held that the National Assembly’s 19 July 2011 dissolution complied with Article 111 and was validly resolved.
Chow v Gappy & Ors (3 of 2007) [2007] SCCC 1 (3 April 2007)
The court dismissed a constitutional petition challenging the announced general election dates, holding the petitioner lacked Article 130(1) standing and that the election was a general election, not a by-election.
Citra Hoareau v The Government of Seychelles (SCA 42 of 1999) [2000] SCCA 10 (12 April 2000)
The Court of Appeal held that a constitutional petitioner could seek certiorari and mandamus under Article 130(4)(c) without first seeking a declaration under Article 130(4)(a) or (b).
Ag v Marzocchi & Ors (SCA 8 of 1996) [1997] SCCA 5 (28 November 1997)
The Court of Appeal held that res judicata barred a fresh constitutional claim for compensation after a prior Supreme Court award for the same land acquisition.
Bonte v Government of Seychelles (SCA 20 of 1996) [1997] SCCA 8 (25 April 1997)
The Court of Appeal dismissed a challenge to the Government’s refusal to return compulsorily acquired land, holding that the Constitution did not require retransfer of developed property.
Wilkins v Government of Seychelles (SCA 403 of 1992) [1997] SCCA 13 (25 April 1997)
The appellant did not have locus standi to seek relief under paragraph 14 of Schedule 7 to the Constitution because she had not paid the purchase price or registered the sale and was not the person from whom the land was acquired under the Land Acquisition Act. Only a person whose ownership or right to compensation had been settled under the Act could seek such relief.
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