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Seychelles decisions
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Gabrielle v Delcy & Ors (CS 90 of 2023) [2024] SCSC 47 (4 April 2024)
The Supreme Court declared that Cliff George Gabrielle is the biological son of the late Jean Rene Delcy and ordered the birth register amended accordingly.
Henriette and Ors v Jean (CS 109 of 2019) [2022] SCSC 814 (6 September 2022)
The Supreme Court of Seychelles declared two plaintiffs to be the children of the deceased and ordered their birth certificates amended to name him as father.
Volcere & Ors v Esparon & Ors (CA 5 of 2022) [2022] SCSC 699 (5 August 2022)
The Supreme Court of Seychelles dismissed an injunction application in an estate dispute, holding the applicants lacked locus standi and a lawful interest in the deceased’s intestate succession.
Ex parte Cesar & Ors (XP 204 of 2019) [2022] SCSC 367 (24 March 2022)
The Supreme Court of Seychelles appointed two petitioners as joint executrix of an intestate estate containing immovable property, finding they had lawful interest and no legal incapacity.
Renaud v Renaud (XP 03/2020) [2021] SCSC 1005 (6 October 2021)
The applicant is not subject to any legal incapacity, is ready and willing to act, and the estate requires an executor to settle the deceased's interest in matrimonial property; thus, appointment is necessary and justified under the Civil Code.
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Hoareau and Ors v Hoareau (SCA 3 of 2019) [2021] SCCA 41 (13 August 2021)
The funds in the joint account did not accrue to the respondent as beneficial owner upon the deceased's death; instead, they formed part of the deceased's estate, as the survivorship clause only regulated the bank's obligation and did not extinguish the heirs' rights under succession law.
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Morel v Morel & Anor (CS 44 of 2016) [2020] SCSC 615 (28 September 2020)
The Plaintiff acquired contractual and subsequently absolute ownership of parcel V1487 by virtue of a valid contract of sale with the deceased, effective between the parties under Article 1583 of the Civil Code, and the Land Registrar erred in registering the Defendants as owners after the restriction was removed. The Plaintiff is entitled to be registered as sole owner.
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Rideau-Mein & Anor v Mein Joky & Ors (CS 81/2013) [2020] SCSC 526 (26 June 2020)
The Supreme Court of Seychelles held that the plaintiffs, as natural children of the late Mr. Michel Mein, were entitled to inherit under Article 760 of the Civil Code.
Ex Parte Gertrude (XP 172/2019) [2020] SCSC 461 (2 March 2020)
The court held that the consent of all heirs is not required for appointment of executor and, being satisfied with the evidence and absence of legal impediment, appointed the applicant and her brother as joint executors.
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In the matter of Exparte Alex Sofola (XP163/2018) [2018] SCSC 8348 (27 December 2018)
The Supreme Court of Seychelles appointed Alex Sofola and Innocent Jonas Sofola as joint executors of Marie Claude Sophola’s intestate succession.
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