Seychelles Case Law

Jacintha Volcere & Others v The Attorney General & Others (SCA MA 06/2024) Arising in

Jacintha Volcere & Others v The Attorney General & Others (SCA MA 06/2024) Arising in [2023] SCA 16 of 2023 & SCA 16 of 2023 [2024] (Consolidated) (Appeal from CS 122/2021) ((3 May 2024) (2024) [2024] SCCA 17 (3 May 2024)

Court

Court of Appeal

Case number

2024

The Court of Appeal of Seychelles addressed standing, procedure, and witness age in a challenge to a marriage’s validity, dismissing the appeal.

• Nullity of marriage
• Locus standi
• Procedural form
• Witness qualification
• Reasonable cause of action
• Nullity-of-marriage

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Perolari v Perolari & Anor (CS 35 of 2021)

Perolari v Perolari & Anor (CS 35 of 2021) [2023] SCSC 93 (3 February 2023)

Court

Supreme Court

Case number

CS 35 of 2021

The Supreme Court of Seychelles declined to decide preliminary objections before trial, finding the locus standi and no-cause-of-action points required evidence.

• Locus standi
• Usufructuary interest
• Reasonable cause of action
• Frivolous and vexatious pleadings
• Eviction
• Civil-procedure

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Rath v Richmond (CC 14/2016)

Rath v Richmond (CC 14/2016) [2017] SCSC 863 (24 May 2017)

Court

Supreme Court

Case number

CC 14/2016

The Supreme Court of Seychelles struck out a plaint in a business-partnership dispute, holding that it disclosed no reasonable cause of action and dismissing it with costs.

• Plea in limine litis
• Reasonable cause of action
• Faute
• Mismanagement
• Partnership
• Civil-procedure

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Otar v Hoareau & Ors (CS58/2014)

Otar v Hoareau & Ors (CS58/2014) [2016] SCSC 395 (9 June 2016)

Court

Supreme Court

Case number

CS58/2014

The Supreme Court of Seychelles dismissed a civil plaint against all defendants, finding no reasonable cause of action and that the plaintiff lacked locus standi.

• Plea in limine litis
• Reasonable cause of action
• Locus standi
• Joinder of parties
• Civil-procedure
• Plea-in-limine-litis

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Joubert V Philoe & Ors (CS 75/2014)

Joubert V Philoe & Ors (CS 75/2014) [2016] SCSC 243 (5 April 2016)

Court

Supreme Court

Case number

CS 75/2014

The Plaint discloses a reasonable cause of action against the 3rd and 4th Defendants, so the first plea in limine litis is not entertained at this stage. However, the action against the 4th Defendant is prescribed by Section 3 of the Public Officers (Protection) Act, as the cause of action arose on 14th March 2012 and the suit was filed more than six months later. The 4th Defendant is therefore struck off the Plaint.

Source excerpt

• Plea in limine litis
• Reasonable cause of action
• Prescription
• Public officers protection

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Eden Island Development Company v WSP Consulting Engineers & Ano. (CS 154/2012)

Eden Island Development Company v WSP Consulting Engineers & Ano. (CS 154/2012) [2016] SCSC 166 (11 March 2016)

Court

Supreme Court

Case number

CS 154/2012

The Supreme Court of Seychelles overruled pleas in limine on prescription, no reasonable cause of action, and misjoinder, sending the case to trial.

• Plea in limine litis
• Prescription
• Reasonable cause of action
• Misjoinder of parties
• Reasonable-cause-of-action
• Misjoinder

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Sunset Beach (Pty) Ltd v Dorsi Raihl and another

Sunset Beach (Pty) Ltd v Dorsi Raihl and another (Civil Suit No. 176 of 2011) [2012] SCSC 39 (16 November 2012)

Court

Supreme Court

Case number

Civil Suit No. 176 of 2011

The Supreme Court of Seychelles struck out a hotel owner’s plaint seeking to stop neighbours building a house, finding no reasonable cause of action.

• Nuisance
• Trouble de voisinage
• Reasonable cause of action
• Right to property
• Trouble-de-voisinage
• Reasonable-cause-of-action

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Dr Bharti Dhanjee v Javahar Dhanjee and another

Dr Bharti Dhanjee v Javahar Dhanjee and another (Civil Suit No. 13 of 2012) [2012] SCSC 38 (29 October 2012)

Court

Supreme Court

Case number

Civil Suit No. 13 of 2012

The court struck out the company-assets claim against defendant no.1, holding the executrix could not sue for company property and the plaint disclosed no reasonable cause of action.

• Transmission of shares
• Company assets
• Reasonable cause of action
• Executrix rights
• Company-law
• Civil-procedure

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African Maritime Carriers Ltd v Owner of the Vessel "Lissom" (CS 117/2002)

African Maritime Carriers Ltd v Owner of the Vessel "Lissom" (CS 117/2002) [2003] SCSC 26 (3 December 2003)

Court

Supreme Court

Case number

CS 117/2002

The Supreme Court of Seychelles held that a counterclaim arising from the arrest of a vessel could be joined in an admiralty action in rem and refused to strike it out.

• Jurisdiction of admiralty court
• Counterclaims in rem and in personam
• Procedure for counterclaims
• Reasonable cause of action
• Admiralty-law
• Counterclaims

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