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Seychelles decisions
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Machinery and Equipment Limited v Cousine Island Co. Ltd (SCA 18 of 2021) [2023] SCCA 13 (26 April 2023)
The Court of Appeal of Seychelles upheld dismissal of an appeal over defective air-conditioning installation and held contract and delict claims may be pleaded in the alternative.
The Estate of the late Andre Delhomme and Others v The Attorney- General (SCA 15 of 2020) [2023] SCCA 16 (26 April 2023)
The trial Judge erred in law by raising and applying the twenty-year extinctive prescription ex proprio motu to dismiss the action when it was not pleaded by the Respondent. Article 2223 of the Civil Code of Seychelles absolutely prohibits the court from taking judicial notice of prescription. The plea in limine litis should have been dismissed and the matter remitted for hearing on the merits.
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Simanovich & Ors v Mission Investment Ltd & Ors (CC 11/2015) [2018] SCSC 8211 (10 July 2018)
The court found that the document relied on by the plaintiffs (Minutes of the Meeting of Shareholders) did not comply with the formal requirements of Article 1325 of the Civil Code and was not valid as a bilateral contract. Even if considered as commencement of proof in writing, the companies against whom relief was sought were not parties to the agreement. The pleadings were deficient and did not set out material facts entitling plaintiffs to the reliefs claimed. The plaintiffs' case had no real prospect of success and the submission of no case to answer succeeded.
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The Estate of The Late Berard Fanchette v The Attorney General (SCA 12 of 2014) [2018] SCCA 16 (4 June 2018)
The Court of Appeal dismissed an estate’s civil appeal, holding the plaint did not disclose a reasonable cause of action against the Government of Seychelles.
Ramkalawan v Electoral Commission & Ors (Plea in Limine) (CP 1 of 2016) [2016] SCCC 4 (17 February 2016)
The Constitutional Court of Seychelles held that parts of an election petition could be struck out for lack of particulars, while most challenged paragraphs were allowed to stand.
Mauritius Commercial Bank (sey) Ltd v Kantilal & Anor (SCA 53 of 2011) [2013] SCCA 26 (6 December 2013)
The Court of Appeal dismissed Mauritius Commercial Bank’s appeal, holding it directly liable for releasing shipping documents without payment and upholding delivery to the holder of a blank-endorsed bill of lading.
Cesar v Scully & Anor (CS 242/2011) [2012] SCSC 25 (28 June 2012)
The plaint fails to disclose a cause of action in slander as the words were not published to a third party, and in libel as the publication does not refer to the plaintiff and no innuendo is pleaded; therefore, the plaint is struck out.
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Baccarie v Arnephy (8 of 2005) [2006] SCSC 71 (31 October 2006)
The Supreme Court of Seychelles dismissed an appeal over an unpaid money claim, holding that the appellant’s pleadings and evidence did not prove the case.
Parcou v Bentley (250 of 2002) [2004] SCSC 15 (16 May 2004)
The Supreme Court of Seychelles rejected a preliminary objection that the plaint disclosed no cause of action, finding the claim for faute was arguable and should go to trial.
Labonte & Anor v Bason (SCA 13 of 1996) [1997] SCCA 24 (21 March 1997)
The Court of Appeal set aside a Supreme Court judgment after finding fraud had not been specifically pleaded or proved, and remitted the case for a new trial.
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