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Seychelles Case Law

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Private international law [2024] SCSC 132

Ex-parte Meron Amare (XP 10 of 2023)

Ex-parte Meron Amare (XP 10 of 2023) [2024] SCSC 132 (19 June 2024)

The Supreme Court of Seychelles declared executory an Ethiopian divorce judgment and property settlement, allowing enforcement for a Seychelles condominium transfer.

  • Recognition and enforcement of foreign judgments
  • Divorce
  • Matrimonial property settlement
  • Service of process
  • Public policy
  • Fraud
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Property law [2024] SCCA 9

Richet & Others vs. Payet (SCA 21 of 2023)

Richet & Others vs. Payet (SCA 21 of 2023) [2024] (Arising in CS 96/2021). (3 May 2024) ((SCA 21 of 2023) [2024] (Arising in CS 96/2021). (3 May 2024)) [2024] SCCA 9 (3 May 2024)

The Court of Appeal dismissed an appeal for restitution arising from an illegal property arrangement, holding the appellants were barred by their own fault and the land was forfeited.

  • Unjust enrichment
  • Public policy
  • Illegality of contract
  • Immovable property (transfer restrictions) act
  • Restitution
  • Forfeiture
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Contract law [2023] SCCA 45

Elizabeth v Lesperance & Others (SCA 1 of 2022)

Elizabeth v Lesperance & Others (SCA 1 of 2022) [2023] SCCA 45 (25 August 2023)

The Court of Appeal upheld a promise to lease, finding no public-policy bar and holding that fiduciary and executor capacity cured any defect.

  • Promise to lease
  • Fiduciary capacity
  • Nullity of contract
  • Public policy
  • Co-ownership
  • Counterclaim procedure
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Contract law [2022] SCSC 1070

Lesperance & Ors v Elizabeth (CS 151/2018)

Lesperance & Ors v Elizabeth (CS 151/2018) [2022] SCSC 1070 (8 February 2022)

The Plaintiffs, as co-owners, had capacity to lease the property and sue, especially as the first Plaintiff was appointed fiduciary. The Defendant was aware of the Plaintiffs' status and is estopped from denying their capacity. There was no evidence that the lease was against public policy or that planning permission was required at the time. The Defendant breached the agreement by failing to pay rent and causing damage to the property. The Defendant's counter-claim failed for lack of proof. Judgment is entered for the Plaintiffs for unpaid rent, damages, surveyor's fees, and utility bills, w…

  • Breach of contract
  • Lease agreements
  • Co-ownership
  • Capacity to contract
  • Public policy
  • Counter-claim
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Civil procedure [2021] SCSC 1072

Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (CS 121/2019)

Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (CS 121/2019) [2021] SCSC 1072 (3 December 2021)

The Supreme Court of Seychelles registered, in part, an English costs order under REBJA, allowing enforcement of the £20,000 interim payment and assessed costs subject to conditions.

  • Reciprocal enforcement of foreign judgments
  • Arbitral award enforcement
  • Costs orders
  • Public policy
  • Foreign-judgment-enforcement
  • Costs-orders
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Employment law [2018] SCSC 8285

Guichard v Matombe (CA 27/2017)

Guichard v Matombe (CA 27/2017) [2018] SCSC 8285 (10 October 2018)

The Supreme Court of Seychelles dismissed an appeal over a termination agreement, holding it void because it was used to end employment due to pregnancy.

  • Unfair dismissal
  • Termination of employment
  • Public policy
  • Discrimination on grounds of pregnancy
  • Statutory employment rights
  • Employment-law
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Contract law [2017] SCSC 936

Villa de Cerf (Propietary) Ltdv Agence Immobilier Des Seychelles, represented by Guichard (CA 12/2016)

Villa de Cerf (Propietary) Ltdv Agence Immobilier Des Seychelles, represented by Guichard (CA 12/2016) [2017] SCSC 936 (10 October 2017)

There was no evidence that the First Contract was illegal or contrary to public policy. The plaintiff/respondent performed his obligations under the contract and was entitled to the agreed remuneration. The trial magistrate correctly rejected the appellant's defence and awarded the contract sum.

  • Illegality of contract
  • Public policy
  • Remuneration of agent
  • Performance of contract
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Civil law [2017] SCCA 18

Hilda Chetty v Dan Ponan (SCA 21 of 2014)

Hilda Chetty v Dan Ponan (SCA 21 of 2014) [2017] SCCA 18 (10 August 2017)

The Court of Appeal upheld an award for sale proceeds held on behalf of an ex-spouse, rejecting arguments based on back letter, public policy, and credibility.

  • Matrimonial property
  • Enforcement of settlement
  • Public policy
  • Immovable property transfer
  • Back letter validity
  • Matrimonial-property
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Property law [2017] SCSC 845

Ugnich v Lavrentieva & Anor. (CS 125/2012)

Ugnich v Lavrentieva & Anor. (CS 125/2012) [2017] SCSC 845 (2 April 2017)

The Supreme Court of Seychelles found that a transfer of matrimonial property from the first defendant to her mother for SR1 was fraudulent and a nullity.

  • Fraudulent transfer
  • Matrimonial property
  • Beneficial ownership
  • Nullity of contract
  • Public policy
  • Damages
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Contract law [2016] SCCA 8

Latitude Consulting S.A v Jfa Holdings Ltd & Ors (SCA 36 of 2013)

Latitude Consulting S.A v Jfa Holdings Ltd & Ors (SCA 36 of 2013) [2016] SCCA 8 (22 April 2016)

The Court of Appeal held that a service fee agreement was void for lack of a valid object and dismissed the appeal, while partly allowing the cross-appeal without granting a remedy.

  • Object of contract
  • Nominee relationship
  • Duress
  • Fraud
  • Public policy
  • Contract-law
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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.