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Seychelles Case Law

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Civil procedure [2024] SCSC 96

Nassib & Anor v Rosette (CA 1 of 2023)

Nassib & Anor v Rosette (CA 1 of 2023) [2024] SCSC 96 (19 June 2024)

The Supreme Court dismissed a civil appeal as out of time, holding the notice of appeal was filed three days late and no extension was sought.

  • Appeal timelines
  • Computation of time
  • Extension of time
  • Preliminary objection
  • Appeal-timelines
  • Computation-of-time
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Civil procedure [2023] SCSC 820

Gabriel v The Registrar of the Supreme Court (MA 184/2023 (Arising in CA 19/2022))

Gabriel v The Registrar of the Supreme Court (MA 184/2023 (Arising in CA 19/2022)) [2023] SCSC 820 (20 November 2023)

The Supreme Court of Seychelles dismissed an out-of-time appeal and refused retrospective leave, holding that leave had to be sought before filing and ignorance of the law was not enough.

  • Appeal out of time
  • Preliminary objection
  • Legal practitioners act
  • Computation of time
  • Appeal-out-of-time
  • Preliminary-objection
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Constitutional law [2023] SCCC 7

Valabhji v Republic & Ors (CP 14 of 2022)

Valabhji v Republic & Ors (CP 14 of 2022) [2023] SCCC 7 (19 October 2023)

The Petition was filed out of time, beyond the mandatory three-month period after the charges were withdrawn. The Petitioner did not seek leave to file out of time nor provide sufficient reasons for the delay. The alleged contraventions were not continuing violations. The preliminary objection is sustained and the Petition is dismissed.

  • Limitation periods
  • Preliminary objection
  • Extension of time
  • Constitutional rights
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Employment law [2022] SCSC 668

Albert v Hill View Resorts (Seychelles) Ltd (CA 21 of 2021)

Albert v Hill View Resorts (Seychelles) Ltd (CA 21 of 2021) [2022] SCSC 668 (21 July 2022)

The Supreme Court of Seychelles dismissed a preliminary objection that an employment appeal was out of time, holding the notice of appeal was filed within the 14-day limit.

  • Computation of time
  • Appeals
  • Preliminary objection
  • Computation-of-time
  • Employment-appeals
  • Preliminary-objection
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Civil procedure [2021] SCSC 1016

Government of Seychelles v Ge-Geology Ltd (MC 30/2021)

Government of Seychelles v Ge-Geology Ltd (MC 30/2021) [2021] SCSC 1016 (15 October 2021)

The Supreme Court of Seychelles dismissed preliminary objections to a POCA interlocutory application, finding they were premature or mere technical defects.

  • Preliminary objection
  • Affidavit defects
  • Abuse of process
  • Technical objections
  • Interlocutory orders
  • Preliminary-objection
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Civil procedure [2000] SCCA 14

Cedric Petit v Marghita Bonte (SCA 45 of 1999)

Cedric Petit v Marghita Bonte (SCA 45 of 1999) [2000] SCCA 14 (13 April 2000)

The Court of Appeal held that a prior specific performance claim was contractual, not petitory, so Article 100 did not bar the later possessory action.

  • Possessory action
  • Petitory action
  • Specific performance
  • Preliminary objection
  • Possessory-action
  • Petitory-action
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Civil procedure [2000] SCSC 1

Krishnamart & Co (Pty) Ltd v Harry Savy Insurance Co Ltd (CS 97/1998)

Krishnamart & Co (Pty) Ltd v Harry Savy Insurance Co Ltd (CS 97/1998) [2000] SCSC 1 (14 January 2000)

The Supreme Court dismissed a preliminary objection, holding that the defendant could not raise a breach of insurance terms that had not been pleaded.

  • Pleadings
  • Insurance contract
  • Preliminary objection
  • Civil-procedure
  • Insurance-disputes
  • Preliminary-objections
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Succession law [2013] SCSC 145

Labrosse vs Labrosse

Labrosse vs Labrosse (Civil Side No 177 of 2011) [2013] SCSC 145 (15 May 2013)

The term 'seller' in Article 1674 of the Civil Code refers strictly to the seller and does not include heirs or successors; therefore, the plaintiff lacks locus standi. Additionally, there are no sufficiently serious circumstances to warrant an investigation into the sale under Article 1679.

  • Locus standi
  • Lesion
  • Interpretation of 'seller'
  • Preliminary objection
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.