Seychelles Case Law

MUA Limited v Mazu (PTY) Ltd (MA 243 of 2023 (arising from CA 20 of 2022))

MUA Limited v Mazu (PTY) Ltd (MA 243 of 2023 (arising from CA 20 of 2022)) [2025] SCSC 22 (12 February 2025)

Court

Supreme Court

Case number

MA 243 of 2023 (arising from CA 20 of 2022)

The memorandum of appeal filed by the applicant was invalid as it lacked a prayer for relief, a mandatory requirement under rule 12. Since the memorandum was fundamentally defective and the time for filing a valid memorandum had lapsed, the defect could not be cured by amendment. The appeal was deemed withdrawn by operation of rule 14, and thus the application to amend did not arise for determination.

Source excerpt

• Amendment of pleadings
• Appeal procedure
• Memorandum of appeal requirements
• Jurisdiction of appellate court

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Blomestein v The Government of Seychelles & Ors (MA 08 of 2024 (Arising in CP 09 of 2023))

Blomestein v The Government of Seychelles & Ors (MA 08 of 2024 (Arising in CP 09 of 2023)) [2024] SCCC 7 (25 October 2024)

Court

Constitutional Court

Case number

MA 08 of 2024 (Arising in CP 09 of 2023)

The Constitutional Court dismissed a petition and refused amendment, holding the new challenge was out of time and the movement restrictions were lawful.

• Freedom of movement
• Amendment of pleadings
• Time limits for constitutional petitions
• Freedom-of-movement
• Constitutional-petition
• Amendment-of-pleadings

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Maria v Pelisier (MA 280 of 2023)

Maria v Pelisier (MA 280 of 2023) [2024] SCSC 157 (29 July 2024)

Court

Supreme Court

Case number

MA 280 of 2023

The Supreme Court partly allowed an application to amend a plaint, permitting allegations of poor workmanship but excluding unsupported damages claims.

• Amendment of pleadings
• Affidavit requirements
• Jurisdiction
• Damages
• Amendment-of-pleadings
• Affidavit-requirements

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Estate of late Dr. Hilda Stevenson-Delhomme v Government of Seychelles & Anor (MA 03 of 2024 (Arising from CP 08 of 2023))

Estate of late Dr. Hilda Stevenson-Delhomme v Government of Seychelles & Anor (MA 03 of 2024 (Arising from CP 08 of 2023)) [2024] SCCC 3 (21 May 2024)

Court

Constitutional Court

Case number

MA 03 of 2024 (Arising from CP 08 of 2023)

Mr. Allen Hoareau lacked legal capacity to represent the estate or the executrix at the time of filing the petition, as the powers and duties of an executor are not transmissible or delegable. His subsequent appointment as executor cannot cure the original defect, and the amendment sought would not be permitted to retroactively validate the petition.

Source excerpt

• Capacity to sue
• Representation of estates
• Amendment of pleadings
• Powers of executors

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Fanchette v Public Service Appeal Board (MA 49 of 2023)

Fanchette v Public Service Appeal Board (MA 49 of 2023) [2024] SCSC 139 (14 March 2024)

Court

Supreme Court

Case number

MA 49 of 2023

The Supreme Court refused leave for judicial review and dismissed an amended petition, holding the application was wrongly brought by notice of motion and could not be amended under the applicable rules.

• Supervisory jurisdiction
• Judicial review
• Amendment of pleadings
• Judicial-review
• Supervisory-jurisdiction
• Amendment-of-pleadings

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Jolicoeur v Leon & Anor (MA 302 of 2023 (Arising in CS 121 of 2021))

Jolicoeur v Leon & Anor (MA 302 of 2023 (Arising in CS 121 of 2021)) [2024] SCSC 14 (14 February 2024)

Court

Supreme Court

Case number

MA 302 of 2023 (Arising in CS 121 of 2021)

The Supreme Court granted leave to amend a plaint to reflect sale of a damaged vehicle, finding no abuse of process or impermissible change in the nature of the suit.

• Amendment of pleadings
• Jurisdiction
• Abuse of process
• Costs
• Amendment-of-pleadings
• Civil-procedure

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Sinon v Public Utilities Corporation and Anor (SCA 25/2022)

Sinon v Public Utilities Corporation and Anor (SCA 25/2022) [2023] (Arising in CS 1/2015) (18 December 2023) ((SCA 25/2022) [2023] (Arising in CS 1/2015) (18 December 2023)) [2023] SCCA 68 (18 December 2023)

Court

Court of Appeal

Case number

(SCA 25/2022) [2023] (Arising in CS 1/2015) (18 December 2023)

The Court of Appeal held that the trial ruling and judgment were invalid because they were based on an outdated plaint. The matter was quashed and remitted.

• Amendment of pleadings
• Vicarious liability
• Effect of amended pleadings
• Amendment-of-pleadings
• Vicarious-liability
• Civil-procedure

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Pro Diving (Seychelles) (Pty) Ltd v JJ Spirit Foundation (MA 33/2023 (Arising in CS 87 of 2022))

Pro Diving (Seychelles) (Pty) Ltd v JJ Spirit Foundation (MA 33/2023 (Arising in CS 87 of 2022)) [2023] SCSC 726 (25 September 2023)

Court

Supreme Court

Case number

MA 33/2023 (Arising in CS 87 of 2022)

The application is dismissed because the supporting affidavit is fatally defective for failing to exhibit the authority of the deponent to represent the applicant, and such a defect cannot be waived or cured.

Source excerpt

• Amendment of pleadings
• Affidavit defects
• Authority to represent
• Prescription of actions

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Yun v Church (MA201/2023 (Arising in CS60/2013))

Yun v Church (MA201/2023 (Arising in CS60/2013)) [2023] SCSC 697 (15 September 2023)

Court

Supreme Court

Case number

MA201/2023 (Arising in CS60/2013)

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.

• Amendment of pleadings
• Specific performance
• Breach of contract
• Remedies
• Variation of contract
• Amendment-of-pleadings

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Doris Matile-Otar v Gopinath Builders (304)

Doris Matile-Otar v Gopinath Builders (304) [2023] SCSC 304 (21 April 2023)

Court

Supreme Court

Case number

304

The Supreme Court allowed a defendant to amend its defence and counterclaim, but required procedural steps to protect the plaintiff from prejudice.

• Amendment of pleadings
• Counterclaim
• Prejudice
• Discretion of court
• Amendment-of-pleadings
• Civil-procedure

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