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Seychelles decisions
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Adela v Adela (SCA No.12/2023) [2023] ((SCA No.12/2023) [2023] (Arising in [2023] SCSC 135 CS No. 97/2020)) [2023] SCCA 66 (18 December 2023)
The Court of Appeal dismissed Betty Adela’s appeal and upheld the Supreme Court’s award of SR 25,000 for proven home improvements as a tiers de bonne foi.
Yun v Church (MA201/2023 (Arising in CS60/2013)) [2023] SCSC 697 (15 September 2023)
The Supreme Court of Seychelles granted leave to amend a plaint in a land-sale dispute, holding the amendments clarified remedies without changing the suit’s essential character.
Nourrice v Savy and Savy v Nourrice and Another (SCA 26 of 2021; SCA 27 of 2021) [2023] SCCA 24 (26 April 2023)
The agreement dated 8 April 2016 was a bilateral promise of sale, not a unilateral one. The parties had agreed on the thing and the price, and their conduct showed mutual intention to transfer ownership. Therefore, specific performance was the appropriate remedy, not damages. The trial judge erred in awarding damages instead of ordering transfer of the property. The notary (Lucie Pool) was not liable in delict as no actionable wrong was established.
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Cesar v Charles & Anor (CS 77 of 2019) [2023] SCSC 244 (3 April 2023)
The plaintiff and the deceased were joint purchasers under a purchase agreement, and upon fulfillment of the contractual condition (notice of payment completion), proprietary interest passed to both as co-owners. The subsequent transfer of the property to the 1st defendant was invalid as the 2nd defendant was contractually obliged to transfer to both. The plaintiff is entitled to 3/6 share, and each legal heir to 1/6 share.
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Adela v Adela (CS 97 of 2020) [2023] SCSC 135 (21 February 2023)
The Supreme Court of Seychelles ordered eviction of the defendant from parcel S4542, but required the plaintiff to pay SCR 25,000 for proven home improvements.
Marie-May Kolsch vs Chalets Enterprise (Pty) Ltd & Ors (MA207/2019) [2021] SCSC 1027 (22 October 2021)
The Supreme Court of Seychelles dismissed an application for an interim injunction, finding no proven road construction and that the balance of convenience favored the respondents.
Parthiban v Oliaji &Ors (CC 8 of 2016; SCA 55 of 2018) [2021] SCCA 26 (9 July 2021)
The Court of Appeal dismissed an appeal seeking specific performance of a purported assignment of a joint venture agreement, holding Oliaji’s consent was required.
Savy v Nourrice and Anor (CS 59/2017) [2021] SCSC 934 (30 June 2021)
There was a valid unilateral promise of sale between the plaintiff and the first defendant for the house and land. The first defendant breached the agreement by failing to transfer the property after receiving the deposit. As the agreement was unilateral, the remedy is damages, not specific performance. The plaintiff is entitled to SCR 1,000,000 in damages and SCR 50,000 in moral damages. The claim against the second defendant is dismissed as no causal link was established between her conduct and the plaintiff's losses.
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Weller & Anor v Katz (SCA 39 of 2017) [2020] SCCA 6 (21 August 2020)
The appeal was dismissed because the issues raised by the appellant regarding the nature of the deposit and the validity of the promise of sale were not pleaded or canvassed at trial. The court is bound by the pleadings, and entertaining new issues would result in a miscarriage of justice. The trial court's orders, including specific performance of the promise of sale and distribution of the estate, stand.
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Chetty v Chetty & Ors (CS 99/2007) [2020] SCSC 581 (7 August 2020)
The court held that a sale of a half-share in land breached a first-refusal clause and was void ab initio, while cancelling registered usufruct entries.
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