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Seychelles decisions
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Rose v Richemond ((SCA 07/2024) [2024] (Arising in MA 97/2022 out of DC 227/2019)) [2024] SCCA 25 (19 August 2024)
Court of Appeal allowed a wife’s appeal against dismissal of her ancillary relief application, holding the pleading sufficiently complied with rule 4(1).
Waye-Hive & Ors v AG representing Seychelles Licensing Authority (CS 48/2019) [2021] SCSC 1017 (18 October 2021)
The plaintiffs failed to prove on a balance of probabilities that any faute was committed by the employees of the Seychelles Licensing Authority. The SLA was justified in granting a license for only 6 rooms as only 6 rooms had valid planning approval and occupancy certificates. The previous license for 10 rooms issued to CDI was a result of a mistake and could not be relied upon by the plaintiffs. No vicarious liability of the SLA was established.
Source excerpt
Leon Builders (Pty) Ltd & Anor v Mua (Seychelles) Insurance (CC 02/2017) [2018] SCSC 8059 (4 February 2018)
The Supreme Court of Seychelles held that the insurer failed to prove fraud in a theft claim, awarded payment for stolen items, and rejected an unsupported business-loss claim.
Shree Hari Construction (Pty) Ltd v Boniface & Or (SCA 26 of 2013) [2016] SCCA 24 (16 August 2016)
Appeal and cross-appeal in a construction dispute were dismissed. The court upheld the trial judge’s factual findings on defective works, quantum, and the inapplicability of the fluctuation clause.
Labrosse v Chairperson of Employment Tribunal (SCA 36 of 2012) [2014] SCCA 44 (12 December 2014)
The Court of Appeal dismissed an employment judicial review appeal as untimely, holding that strict procedural time limits applied and the delay was unconscionable.
Likhachev and others vs Mission Limited (Civil Side: CC 08 of 2013) [2013] SCSC 99 (26 November 2013)
The Supreme Court of Seychelles dismissed a preliminary objection and held that a foreign judgment enforcement claim could proceed under section 227 of the Code of Civil Procedure.
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