Seychelles Case Law

Cesar v Charles & Anor (CS 77 of 2019)

Cesar v Charles & Anor (CS 77 of 2019) [2023] SCSC 244 (3 April 2023)

Court

Supreme Court

Case number

CS 77 of 2019

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.

Source excerpt

• Specific performance
• Co-ownership
• Nullity of transfer
• Rectification of land register
• Succession rights

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Volcere & Ors v Esparon & Ors (MA 118 of 2022)

Volcere & Ors v Esparon & Ors (MA 118 of 2022) [2022] SCSC 700 (5 August 2022)

Court

Supreme Court

Case number

MA 118 of 2022

The Supreme Court of Seychelles dismissed an application for injunction over a deceased’s estate, finding the applicants had not shown a lawful interest or satisfied the injunction tests.

• Injunction
• Locus standi
• Succession rights
• Validity of marriage
• Injunctions
• Locus-standi

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Adonis v Cedras (CS 44/2020)

Adonis v Cedras (CS 44/2020) [2021] SCSC 997 (22 September 2021)

Court

Supreme Court

Case number

CS 44/2020

The Supreme Court of Seychelles dismissed a claim that a transfer of Title V7742 was a disguised donation, finding no proof it exceeded the disposable portion.

• Donation deguisee
• Reserved heirs
• Disposable portion
• Succession rights
• Succession-law
• Property-law

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Bibi & Ors v Estate of Joseph Samuel Bibi (CS 26/2017)

Bibi & Ors v Estate of Joseph Samuel Bibi (CS 26/2017) [2019] SCSC 1328 (26 November 2019)

Court

Supreme Court

Case number

CS 26/2017

The Plaintiffs failed to provide evidence of the value of the properties or the estate, which is essential to determine whether the donation exceeded the disposable portion. Without such evidence, the Court cannot declare the transfers as disguised donations subject to reduction.

Source excerpt

• Disguised donation
• Alienation of property
• Succession rights
• Reduction of donation
• Usufruct
• Prescription

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Jean v Banane (SCA 19 of 2015)

Jean v Banane (SCA 19 of 2015) [2017] SCCA 35 (6 December 2017)

Court

Court of Appeal

Case number

SCA 19 of 2015

The Court of Appeal dismissed an appeal over locus standi in a land-sale dispute, holding that a notarial acknowledgement of birth was void for non-compliance with the Notaries Act.

• Locus standi
• Acknowledgement of birth
• Validity of notarial deeds
• Succession rights
• Sale of land
• Locus-standi

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Mathiot vs Mathiot, Executor of the Estate Jupiter and others

Mathiot vs Mathiot, Executor of the Estate Jupiter and others (Civil Suit NO. 70 of 2012) [2013] SCSC 103 (20 September 2013)

Court

Supreme Court

Case number

Civil Suit NO. 70 of 2012

The Supreme Court of Seychelles declared the plaintiff the natural son of the deceased after finding written acknowledgment of paternity and rejecting a time-bar objection.

• Paternity
• Declaration of natural child
• Succession rights
• Limitation of actions
• Declaration-of-natural-child
• Succession-rights

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Pragassen v Vidot (CS 360/2005)

Pragassen v Vidot (CS 360/2005) [2010] SCSC 124 (2 July 2010)

Court

Supreme Court

Case number

CS 360/2005

The court dismissed a challenge to a 99-year lease as a disguised donation, finding no proof of excess over the disposable portion or fraudulent intent.

• Disguised donation
• Gift inter vivos
• Lease agreement
• Disposable portion
• Succession rights
• Res judicata

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