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Seychelles Case Law

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Constitutional law

Mukesh Valabhji & Ors v The Commissioner of Police & Ors

The Constitutional Court of Seychelles upheld seizure and detention orders made under section 26 of the Prevention of Terrorism Act and dismissed the petition.

  • Right to property
  • Right to innocence
  • Lawfulness of seizure and detention of property
  • Constitutional validity of section 26 of the prevention of terrorism act
  • Proportionality and permissible limitations
  • Right-to-property
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Constitutional law [2025] SCCC 3

Stevenson-Delhomme v Government of Seychelles & Anor (CP 03 of 2024)

Stevenson-Delhomme v Government of Seychelles & Anor (CP 03 of 2024) [2025] SCCC 3 (27 March 2025)

A constitutional land-compensation petition was dismissed as time-barred after the court found no ongoing negotiation for more than 27 years.

  • Compulsory acquisition
  • Compensation for land
  • Prescription (limitation of actions)
  • Estoppel
  • Right to property
  • Constitutional-law
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Property law [2022] SCSC 346

James Low-Kion Low Hang v Tahilamai Karipagam Senthil Kumar (CS 100 of 2017)

James Low-Kion Low Hang v Tahilamai Karipagam Senthil Kumar (CS 100 of 2017) [2022] SCSC 346 (7 April 2022)

The Supreme Court of Seychelles found a neighbour had unlawfully encroached on land, installed a locked gate, and deprived the owner’s use and enjoyment, awarding SCR 500,000.

  • Trespass
  • Faute
  • Damages
  • Right to property
  • Trespass-to-land
  • Property-rights
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Property law [2021] SCSC 906

Talma v Camille (CS 122/2020)

Talma v Camille (CS 122/2020) [2021] SCSC 906 (31 May 2021)

The Supreme Court of Seychelles refused to refer a co-ownership retrocession dispute to the Constitutional Court, holding the right was not a real property right.

  • Co-ownership
  • Right of retrocession
  • Right to property
  • Constitutionality of statutory provisions
  • Right-to-property
  • Constitutional-law
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Constitutional law [2021] SCCA 5

Valentin v Planning Authority & Ors (SCA CL 3 of 2020)

Valentin v Planning Authority & Ors (SCA CL 3 of 2020) [2021] SCCA 5 (30 April 2021)

The Court of Appeal dismissed a constitutional appeal over a stop notice and electricity-line relocation, finding the petition out of time and no prima facie breach.

  • Right to dignity
  • Right to property
  • Prescription period
  • Stop notice
  • Parallel remedies
  • Administrative action
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Constitutional law [2021] SCCC 1

Jumeau v Government of Seychelles & Anor (CP 01/2019; CP 08/2018)

Jumeau v Government of Seychelles & Anor (CP 01/2019; CP 08/2018) [2021] SCCC 1 (13 April 2021)

The Government failed to negotiate in good faith and did not promptly, fairly, or fully compensate the petitioner for the compulsory acquisition of his land parcels. The only compensation provided was the transfer of parcel V5093, which was inadequate compared to the independently assessed market value of the acquired parcels. The Government's delay and lack of full compensation constituted a breach of constitutional obligations under Part III of Schedule 7. Full monetary compensation at current market value, less amounts already received, was ordered.

  • Compulsory acquisition
  • Land compensation
  • Good faith negotiation
  • Right to property
  • Schedule 7 part iii of the constitution
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Constitutional law [2020] SCCC 975

Assemblies of God v Attorney General (CP 6 of 2019)

Assemblies of God v Attorney General (CP 6 of 2019) [2020] SCCC 975 (22 December 2020)

The petition was not a nullity due to the late filing of the affidavit, as this was an irregularity that was remedied. The petition was not time-barred because the alleged contravention was continuing. However, the Petitioner had not exhausted alternative remedies, specifically the remedy of mandamus to compel finalization of the appeal, so the matter was transferred to the Supreme Court for judicial review.

  • Right to property
  • Freedom of religion
  • Exhaustion of remedies
  • Judicial review
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Property law [2020] SCSC 580

Payet v Talma & Another (CS 92/2017)

Payet v Talma & Another (CS 92/2017) [2020] SCSC 580 (5 August 2020)

The court found that the constitutional question of whether Article 834 of the Civil Code contravenes Article 26 of the Constitution is not frivolous or vexatious and has not been previously determined by the Constitutional Court, thus it must be referred for determination under Article 130(6) of the Constitution.

  • Rescission of sale
  • Retrocession of co-owned land
  • Right to property
  • Referral to constitutional court
  • Preliminary objections
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Constitutional law [2020] SCSC 513

Adeline v Talma (CS 79/2018)

Adeline v Talma (CS 79/2018) [2020] SCSC 513 (9 June 2020)

The Supreme Court of Seychelles refused a constitutional referral, holding the defendant’s property-right challenge was frivolous in this contract dispute.

  • Right to property
  • Referral to constitutional court
  • Frivolous and vexatious claims
  • Rescission of contract
  • Constitutional-referral
  • Right-to-property
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Constitutional law [2020] SCCC 557

Verbene Development Company Ltd v Government of Seychelles & Ors (CP 5 of 2019)

Verbene Development Company Ltd v Government of Seychelles & Ors (CP 5 of 2019) [2020] SCCC 557 (2 June 2020)

The Petitioner failed to make an application within the prescribed twelve-month period under Part III of Schedule 7 of the Constitution; therefore, the 1st Respondent was under no constitutional obligation to consider the application or negotiate. The claim that the right remains operative until fully settled is a misinterpretation of the Constitution. Consequently, the transfer of parcel PR190 to the 2nd Respondent was not in bad faith or in violation of constitutional rights.

  • Compulsory acquisition
  • Transitional provisions
  • Right to property
  • Limitation periods
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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.