Seychelles Case Law

Gedeon v Rath (CS 71 of 2022)

Gedeon v Rath (CS 71 of 2022) [2024] SCSC 201 (29 November 2024)

Court

Supreme Court

Case number

CS 71 of 2022

The right of way, established by Judgment by Consent, remains binding and unaltered as the Plaintiff failed to demonstrate compelling reasons or significant change in circumstances warranting modification. The absence of registration does not affect its enforceability between the parties. Modification would disproportionately burden the Defendant without sufficient necessity.

Source excerpt

• Easements
• Right of way
• Modification of servitude
• Land registration

Read case analysis

Esparon & Anor (MA 246 of 2024 (Arising in CS 92 of 2024))

Esparon & Anor (MA 246 of 2024 (Arising in CS 92 of 2024)) [2024] SCSC 189 (19 November 2024)

Court

Supreme Court

Case number

MA 246 of 2024 (Arising in CS 92 of 2024)

The applicants failed to establish a serious issue to be tried as they cannot claim a right of way by acquisitive prescription, and did not show their property is truly enclosed to justify a right of way under Article 682. The evidence did not support the necessity for an injunction, and the balance of convenience did not favor the applicants. Therefore, the application for interlocutory injunction is dismissed.

Source excerpt

• Interlocutory injunction
• Right of way
• Acquisitive prescription
• Enclosed property
• Balance of convenience

Read case analysis

Govinden v Estate of the late Julien Servina & Ors (MA 260 of 2023)

Govinden v Estate of the late Julien Servina & Ors (MA 260 of 2023) [2023] SCSC 557 (21 July 2023)

Court

Supreme Court

Case number

MA 260 of 2023

The applicant demonstrated a serious question to be tried regarding her right of passage, damages would not be an adequate remedy, and the balance of convenience favored preserving the status quo by granting an interim injunction to prevent further obstruction until the main case is determined.

Source excerpt

• Interlocutory injunction
• Right of way
• Easement
• Ex parte proceedings
• Balance of convenience

Read case analysis

The Estate of Late Francine Vadivello v Stravens & Ors (CS 70 of 2017)

The Estate of Late Francine Vadivello v Stravens & Ors (CS 70 of 2017) [2023] SCSC 539 (14 July 2023)

Court

Supreme Court

Case number

CS 70 of 2017

The court held that the Vadivello estate had a right of way by footpath over V18067 and granted a permanent injunction against obstruction.

• Easement
• Right of way
• Injunction
• Damages
• Succession
• Right-of-way

Read case analysis

Roucou v Zialor & Anor (CS 160 of 2018)

Roucou v Zialor & Anor (CS 160 of 2018) [2023] SCSC 245 (3 April 2023)

Court

Supreme Court

Case number

CS 160 of 2018

The Plaintiff failed to prove that the Defendants' entry and damage to her property were motivated by malice or intent to harm, as their actions were out of necessity due to being fenced in. However, the 1st Defendant was found liable for assault and causing psychological harm to the Plaintiff on the balance of probabilities, supported by credible witness testimony. The quantum of damages was reduced due to contributory negligence by the Plaintiff.

Source excerpt

• Trespass
• Assault
• Damages
• Right of way
• Contributory negligence

Read case analysis

Malbrook and Anor v Bouchereau (SCA 72 of 2022)

Malbrook and Anor v Bouchereau (SCA 72 of 2022) [2022] SCCA 72 (16 December 2022)

Court

Court of Appeal

Case number

SCA 72 of 2022

The Court of Appeal of Seychelles dismissed an appeal over trespass, obstruction, threats of violence, and damages, upholding the trial court’s orders.

• Trespass
• Threatening violence
• Damages
• Injunction
• Right of way
• Land-law

Read case analysis

Morel v Yu Ping Lee (SCA 38 of 2019)

Morel v Yu Ping Lee (SCA 38 of 2019) [2021] SCCA 65 (17 December 2021)

Court

Court of Appeal

Case number

SCA 38 of 2019

The Court of Appeal dismissed an appeal against a right of way over an adjoining property for an enclaved parcel, holding that the Civil Code entitled access by the nearest suitable route.

• Right of way
• Enclaved land
• Civil code interpretation
• Right-of-way
• Enclaved-land
• Civil-code

Read case analysis

Aglae V Robert (SCA 74 of 2018)

Aglae V Robert (SCA 74 of 2018) [2021] SCCA 48 (13 August 2021)

Court

Court of Appeal

Case number

SCA 74 of 2018

The Land Registration Act has primacy and requires easements to be created in a prescribed form and registered as encumbrances. Exhibit P1 did not meet these requirements and thus did not create a valid easement. The respondent at most had a licence, not an easement. The Supreme Court erred in finding otherwise and in failing to consider alternative access over parcel T821.

Source excerpt

• Easements
• Right of way
• Land registration
• Discontinuous easements

Read case analysis

Bouchereau v Zoe & Ors (CS 110/2018)

Bouchereau v Zoe & Ors (CS 110/2018) [2020] SCSC 640 (19 October 2020)

Court

Supreme Court

Case number

CS 110/2018

The court found repeated trespass and obstruction by two defendants, awarded compensatory damages, and issued a permanent injunction. Claims against others were dismissed.

• Trespass
• Right of way
• Threatening violence
• Damages
• Permanent injunction
• Right-of-way

Read case analysis

Bantele-Lefevre v Lanza (SCA 43/2017)

Bantele-Lefevre v Lanza (SCA 43/2017) [2020] SCCA 46 (16 October 2020)

Court

Court of Appeal

Case number

SCA 43/2017

The Court of Appeal allowed an appeal over a purported consent judgment, holding the trial procedure was not authorised by Seychelles law and remitting the matter.

• Judgment by consent
• Right of way
• Easements
• Procedure for consent judgments
• In rem vs in personam rights
• Judgment-by-consent

Read case analysis