Seychelles Case Law

Gregoire’s Company Limited v Payet ((SCA 19/2025)

Gregoire’s Company Limited v Payet ((SCA 19/2025) [2025] (Arising in CS 112/2022) (15 December 2025)) [2025] SCCA 36 (15 December 2025)

Court

Court of Appeal

Case number

(SCA 19/2025) [2025] (Arising in CS 112/2022) (15 December 2025)

The appellant failed to prove ownership of the Manager's House and the relevant land parcel, and the respondent had a valid licence to occupy the Manager's House with her father's consent. The acts complained of, except for the August 2022 incident and changing the office lock, did not amount to trespass. Even where trespass was established, the appellant failed to prove actionable damage as required by Article 1382. The trial court's findings on credibility and lack of damage were upheld, and the appeal was dismissed.

Source excerpt

• Trespass
• Corporate personality
• Damages
• Injunctions
• Delictual liability

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Hunt v Denousse (MA 27/2025 (Arising in MC 23/2023))

Hunt v Denousse (MA 27/2025 (Arising in MC 23/2023)) [2025] SCSC 101 (22 July 2025)

Court

Supreme Court

Case number

MA 27/2025 (Arising in MC 23/2023)

The Supreme Court granted a co-executor’s application to evict an occupant from estate property, finding the occupation unauthorized and contrary to prior court orders.

• Eviction
• Estate administration
• Co-executors' powers
• Trespass
• Jurisdiction
• Estate-administration

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Gregoire’s Company Limited v Payet (MA 16 of 2025)

Gregoire’s Company Limited v Payet (MA 16 of 2025) [2025] SCSC 83 (12 June 2025)

Court

Supreme Court

Case number

MA 16 of 2025

The Supreme Court dismissed a company’s trespass claim and injunction request, finding the defendant had consent to occupy the house and no proven damages.

• Trespass
• Faute (delict)
• Damages
• Injunctions
• Delict
• Civil-procedure

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Lesperance v Jeannie (CS 50 of 2021)

Lesperance v Jeannie (CS 50 of 2021) [2024] SCSC 53 (22 May 2024)

Court

Supreme Court

Case number

CS 50 of 2021

The Supreme Court dismissed a neighbour dispute over manure storage, holding that ordinary farm smells in an agricultural zone did not amount to actionable nuisance or pollution.

• Nuisance
• Neighbourhood disputes
• Trespass
• Delict
• Agricultural land use
• Neighbourhood-disputes

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Underwood v Pool (CS 41 of 2023)

Underwood v Pool (CS 41 of 2023) [2024] SCSC 25 (29 February 2024)

Court

Supreme Court

Case number

CS 41 of 2023

A Seychelles court rejected a major encroachment claim, found only minor trespass, and awarded the defendant SR8,000 in damages with costs.

• Encroachment
• Trespass
• Damages
• Survey disputes
• Property-law
• Survey-disputes

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Fontaine v Dugasse (MC 81 of 2022)

Fontaine v Dugasse (MC 81 of 2022) [2023] SCSC 770 (14 December 2023)

Court

Supreme Court

Case number

MC 81 of 2022

The Supreme Court of Seychelles granted an eviction order and writ of habere facias possessionem after finding the respondent had no title or right to remain.

• Eviction
• Writ of habere facias possessionem
• Title to property
• Trespass
• Habere-facias-possessionem
• Property-law

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Payet v Payet (319)

Payet v Payet (319) [2023] SCSC 319 (27 April 2023)

Court

Supreme Court

Case number

319

The Supreme Court dismissed an application for an injunction, finding the applicant had not come with clean hands and that the balance of convenience favoured the respondent.

• Injunctions
• Trespass
• Possession
• Equitable remedies
• Equity
• Balance-of-convenience

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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

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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

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Chang Pen-Tive & Anor v Alphonse (2 of 2020)

Chang Pen-Tive & Anor v Alphonse (2 of 2020) [2022] SCCA 43 (19 August 2022)

Court

Court of Appeal

Case number

2 of 2020

The Court of Appeal dismissed a civil appeal over alleged land encroachment, holding the respondent was not properly before the court and lacked legal standing.

• Locus standi
• Estate administration
• Unlawful encroachment
• Damages
• Trespass
• Locus-standi

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