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Seychelles decisions
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Pras Island Security (Pty) Ltd v Beach Soccer World Cup 2025 (MA 85 of 2025) [2025] SCSC 68 (30 April 2025)
Ex parte the Supreme Court ordered provisional attachment of the respondent’s funds under the Seychelles Code of Civil Procedure after finding a bona fide claim and dissipation risk.
Alexander v Farisco Construction & Maintenance Pty Ltd (MA 186 of 2022) [2022] SCSC 832 (20 September 2022)
The Supreme Court held the contract used adjudication, not arbitration, so jurisdiction was not ousted. It granted provisional attachment of funds but refused seizure of vehicles.
Ascent Project (Seychelles Proprietary) Limited v Consolidated Power Projects Group Africa Limited and Anor (MA 103/2020 (arising in CS 65/2020)) [2020] SCSC 545 (10 July 2020)
The Supreme Court of Seychelles granted provisional attachment of USD 521,892.36 held by the Public Utilities Corporation, pending final determination of the main case.
JJ Spirit Foundation v Advanced Renal Care Seychelles Pty Ltd (MA 14/2019 (arising in CS 12/2019)) [2019] SCSC 1132 (21 January 2019)
The petitioner has commenced a suit and established a bona fide claim; the respondent has ceased business and has no other assets, so provisional attachment is necessary to preserve the fruits of any eventual judgment.
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Eastern European Engineering Limited v Vijay Construction (Pty) Limited (SCA 13 of 2015) [2018] SCCA 30 (31 August 2018)
The trial judge's requirement of urgency as a prerequisite for provisional attachment and seizure is not erroneous, as it is supported by jurisprudence and statutory purpose. However, the exclusion of vehicles from the definition of movable property under the Code of Civil Procedure is incorrect; vehicles are movable property and can be subject to provisional seizure or attachment unless used as tools of trade.
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Ponan vs Chetty (MA 186.2014) [2014] SCSC 261 (17 July 2014)
The Supreme Court of Seychelles validated a provisional attachment over funds in the respondent’s bank account and ordered payment to the judgment creditor.
Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (MA 275/2012) [2013] SCSC 24 (23 March 2013)
The petitioner failed to establish bona fides for the claim beyond the contractual penalty. There is no evidence that the respondent is acting to defeat satisfaction of a possible judgment. Provisional attachment is not justified where damages are yet to be determined and the contract caps liability. The interim order is set aside and the petition is dismissed with costs.
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Ex parte: Ponan (MC 12/2012) [2012] SCSC 58 (19 March 2012)
The Supreme Court of Seychelles granted an ex parte provisional attachment of the defendant’s monies at Nouvobanq, pending determination of a breach of contract claim.
Latitutes Consulting S.A v JFA Holdings Ltd and Another (23 of 2011) [2011] SCSC 26 (20 March 2011)
The Supreme Court of Seychelles dismissed an ex parte request for provisional attachment because the affidavit did not identify any specific third party holding the respondents’ funds.
Opportunity International General Trading LLC v Krishnamart Co (111 of 2003) [2009] SCSC 11 (27 January 2009)
The Supreme Court of Seychelles dismissed an application for provisional attachment of Rs.500,000, holding that the money was already subject to a refund order and not held by a third person.
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