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Seychelles decisions
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Gamatis and Another v Bank of Baroda and Another (SCA MA 04/2025 [2025] (20 August 2025)) [2025] SCCA 21 (20 August 2025)
The Court of Appeal dismissed an urgent stay application, holding the supporting affidavit was fatally defective and, alternatively, that the stay test was not met.
Constance v R (MA 259 of 2024 (Arising in MC 02 of 2024)) [2024] SCSC 198 (11 December 2024)
The Supreme Court of Seychelles dismissed an application to stay execution pending appeal, finding no substantial question of law or fact to justify relief.
Cable & Wireless v Amelie (MA 96 of 2024) [2024] SCSC 59 (15 May 2024)
The Supreme Court granted a motion to withdraw an employment appeal after settlement and vacated the related stay of execution.
Ex-parte Beau-Vallon Properties Ltd v Bhasin (SCA MA 03/2024) [2024] (Arising in SCA 02/2022) & (SCA 02/2022) [2024] (Arising in CA11/2018) (3 May 2024) ((SCA MA 03/2024) [2024] (Arising in SCA 02/2022) & (SCA 02/2022) [2024] (Arising in CA11/2018) (3 May 2024)) [2024] SCCA 4 (3 May 2024)
The Court of Appeal dismissed an application to adjourn an appeal and seek service out of jurisdiction, finding no exceptional circumstances and procedural non-compliance.
Shield Security v Dubignon (MC 90 of 2023) [2024] SCSC 16 (21 March 2024)
The Supreme Court dismissed an out-of-time appeal application and a stay request because the supporting affidavit was defective and no notice of appeal had been filed.
Ex parte X-Trim Fitness Centre (Pty) (MA 46 of 2024) [2024] SCSC 29 (4 March 2024)
The Supreme Court refused to extend time for a bank guarantee, maintain cancellation of a warrant of levy, or allow a gym to reopen pending compliance.
Lablache & Anor v Vital (MA 322 of 2023 (Arising in CA 02 of 2023)) [2024] SCSC 4 (19 January 2024)
The Supreme Court refused a stay of execution pending appeal, finding the applicants raised arguable legal issues but failed to show ruin, stifling of the appeal, or inability to repay sums.
Special Operations Security v Cadeau and Anor (SCA 3 of 2023; SCA MA 11 of 2023) [2023] SCCA 26 (4 July 2023)
The Court of Appeal dismissed an application for stay of execution, holding it should first have been made to the Supreme Court under Rule 16.
Lablache & Anor v Vital (488) [2023] SCSC 488 (23 June 2023)
The applicants failed to satisfy the court that they would be ruined or their appeal stifled if forced to pay the rental arrears immediately, and did not show that the respondent would be unable to repay the sums if the appeal succeeds. The affidavits lacked supporting documents to prove substantial questions of law or good prospects of success. The requirements for grant of stay under the Elmasry guidelines were not met. Application for stay is dismissed.
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Vijay Construction (Pty) Ltd v Eastern European Engineering Ltd (EEEL) (SCA MA 23 of 2020; SCA MA 44 of 2022; SCA MA 9 of 2023) [2023] SCCA 17 (26 April 2023)
The applications to rehear SCA 58/2022 and SCA 15 & 18/2017 are dismissed because the Applicant failed to argue the relevant grounds during the appeals, did not act within reasonable time, and no exceptional circumstances exist to warrant reopening the matters. The adversarial system places the burden on parties to argue their grounds, and the interest of justice requires finality to litigation.
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