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Seychelles decisions
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Rose v Richemond ((SCA 07/2024) [2024] (Arising in MA 97/2022 out of DC 227/2019)) [2024] SCCA 25 (19 August 2024)
Court of Appeal allowed a wife’s appeal against dismissal of her ancillary relief application, holding the pleading sufficiently complied with rule 4(1).
Jean v Jean (MA 259 of 2020) [2023] SCSC 813 (14 December 2023)
The Supreme Court of Seychelles dismissed a petition to divide matrimonial property because it was filed out of time without leave under the Matrimonial Causes Rules.
Carpede v Rosalie (MA 121 of 2021 (Arising in DV 110/2003)) [2023] SCSC 815 (30 November 2023)
Both parties contributed to acquisition and improvement of matrimonial property; in absence of concrete evidence of disproportionate contribution, equity requires equal division of property and movables as agreed.
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Hossen v Choppy (SCA 14 of 2022) [2023] SCCA 38 (25 August 2023)
The Court of Appeal of Seychelles dismissed a matrimonial property appeal as time-barred under the Matrimonial Causes Rules, with no leave sought for late filing.
Albert v Albert (SCA 39 of 2020) [2023] SCCA 29 (25 August 2023)
The Court of Appeal held that the spouses had expressly chosen Mauritius’s séparation de biens regime, so there was no matrimonial property to divide.
Gobine v Gobine (MA No. 250 of 2020 Arising in DV 224 of 2019 [2023]) [2023] SCSC 762 (2 June 2023)
The Supreme Court of Seychelles divided a matrimonial home equally, ordered the respondent to pay the applicant for her share, and made him responsible for the remaining loan.
Lavrentieva v Ugnich (20 of 2020) [2022] SCCA 50 (19 August 2022)
The Court of Appeal of Seychelles dismissed a matrimonial ancillary-relief appeal, upholding an order transferring property to the respondent and rejecting procedural and evidentiary complaints.
Hossen v Choppy (MA 188 of 2019) [2022] SCSC 690 (30 June 2022)
The petition was dismissed as fatally defective for being filed out of time without leave of the court, as required by Rule 34(1) of the Matrimonial Causes Rules. On the merits, the petitioner would have been entitled to a share in the proceeds of H1829 based on her monetary and non-monetary contributions, but not in H5013, which was acquired after separation. However, the absence of a timely application and lack of necessary valuations precluded any award.
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Accouche v Hoareau (SCA 35 of 2019) [2021] SCCA 71 (17 December 2021)
C3992, acquired solely by the Appellant before marriage and with no contribution from the Respondent, should not be included in the matrimonial property for division. The Respondent is entitled to 50% of the jointly owned properties C3963 and C7772, as both monetary and non-monetary contributions were considered and no greater share by the Appellant was established.
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Lau-Tee v Lau-Tee (MA 176/2019) [2021] SCSC 847 (22 February 2021)
The court divided matrimonial property after divorce, awarding the petitioner 60% and the respondent 40% of net sale proceeds, and half the Honda Vezel proceeds.
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