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Seychelles decisions
Decisions matching the current search
Lesperance v Jeannie (CS 50 of 2021) [2024] SCSC 53 (22 May 2024)
The Supreme Court dismissed a neighbour dispute over manure storage, holding that ordinary farm smells in an agricultural zone did not amount to actionable nuisance or pollution.
Figaro v Property Management Corporation (CA 27 of 2020) [2022] SCSC 160 (23 February 2022)
The Supreme Court dismissed an appeal against a Rent Board eviction order, holding there was sufficient evidence of nuisance and no reason to disturb the Board’s factual findings.
Bamboche v Bamboche and anor (CI93/2018) [2021] SCSC 1056 (19 November 2021)
Neighbour dispute over driveway access, CCTV privacy, and alleged harassment. The court dismissed both sides’ claims but ordered removal of cameras aimed at a bedroom window.
O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 8 of 2019) [2021] SCCA 35 (13 August 2021)
The Court of Appeal upheld liability for nuisance caused by construction noise, dust and related disturbance, and dismissed the appeal with costs.
Soomery v Emirates Land Group and Anor (CS 31/2017) [2020] SCSC 571 (29 July 2020)
The Plaintiff failed to prove, on a balance of probabilities, that the Defendants' actions caused damage to her house or health. There was insufficient evidence of physical damage, no expert or surveyor's report, and no established employment or control relationship to ground vicarious liability. The inconvenience suffered did not exceed ordinary neighbourhood obligations, and the Plaintiff's own failure to clean contributed to the accumulation of dust.
Source excerpt
Bijoux & Cicobo v O-Nivo Construction (PTY) LTD (CS 101/2017) [2019] SCSC 1152 (7 February 2019)
The Supreme Court of Seychelles awarded plaintiffs moral damages for dust, noise, water intrusion, and trespass caused by neighbouring construction.
Baker v Walter (CS80/2014) [2018] SCSC 8344 (11 December 2018)
The Supreme Court of Seychelles dismissed a landowner’s injunction claim, finding no credible evidence that nearby construction threatened erosion or damage.
Laporte v Cupidon & Anor (CS 48/2015) [2017] SCSC 955 (5 November 2017)
The Supreme Court of Seychelles found excavation works caused damage to the plaintiff’s property, ordered remedial works, and also ordered removal of a minor encroachment.
Public Utilities Corporation v Julienne (SCA 29 of 2014) [2017] SCCA 16 (21 April 2017)
The Court of Appeal dismissed an appeal against a finding of nuisance and damages, holding the trial judge had ample evidence and no basis to disturb the findings.
Vel v Albert & Anor (CS 29/2016) [2016] SCSC 282 (21 April 2016)
The Supreme Court granted an interlocutory injunction restraining the respondents from playing loud amplified music, finding nuisance, irreparable harm, and balance of convenience in the applicant’s favour.
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