Seychelles Case Law

Savoy Development Limited v Salum (SCA 19/2023)

Savoy Development Limited v Salum (SCA 19/2023) [2023] (Arising in SCA MA 44/2023) (18 December 2023) ((SCA 19/2023) [2023] (Arising in SCA MA 44/2023) (18 December 2023)) [2023] SCCA 59 (18 December 2023)

Court

Court of Appeal

Case number

(SCA 19/2023) [2023] (Arising in SCA MA 44/2023) (18 December 2023)

Court of Appeal upheld the existing rulings and rejected the appeal as out of time, finding no basis to challenge both the leave refusal and the substantive decision.

• Appeal out of time
• Leave to appeal
• Preliminary objections
• Natural justice
• Employment benefits
• Appeal-out-of-time

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Gabriel v The Registrar of the Supreme Court (MA 184/2023 (Arising in CA 19/2022))

Gabriel v The Registrar of the Supreme Court (MA 184/2023 (Arising in CA 19/2022)) [2023] SCSC 820 (20 November 2023)

Court

Supreme Court

Case number

MA 184/2023 (Arising in CA 19/2022)

The Supreme Court of Seychelles dismissed an out-of-time appeal and refused retrospective leave, holding that leave had to be sought before filing and ignorance of the law was not enough.

• Appeal out of time
• Preliminary objection
• Legal practitioners act
• Computation of time
• Appeal-out-of-time
• Preliminary-objection

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Laure v Laporte (MA 58 of 2020)

Laure v Laporte (MA 58 of 2020) [2022] SCSC 391 (17 May 2022)

Court

Supreme Court

Case number

MA 58 of 2020

The Supreme Court dismissed an appeal seeking to set aside an ex parte judgment, holding that section 69 of the Seychelles Code of Civil Procedure did not apply.

• Setting aside ex parte judgment
• Application of section 69 sccp
• Appeal out of time
• Civil-procedure
• Ex-parte-judgment
• Setting-aside-judgment

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O’Nivo Construction (Pty) Ltd v Hermitte and Anor (SCA 57 of 2019)

O’Nivo Construction (Pty) Ltd v Hermitte and Anor (SCA 57 of 2019) [2022] SCCA 11 (29 April 2022)

Court

Court of Appeal

Case number

SCA 57 of 2019

The Court of Appeal dismissed a civil appeal as filed out of time, holding that the notice of appeal was lodged 31 days after judgment and no extension was sought.

• Appeal out of time
• Computation of time
• Dismissal for want of jurisdiction
• Appeal-out-of-time
• Computation-of-time
• Civil-procedure

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Yim v Glory Security (CA 07/2020 (appeal from Employment Tribunal in ET 03/2020))

Yim v Glory Security (CA 07/2020 (appeal from Employment Tribunal in ET 03/2020)) [2021] SCSC 993 (17 September 2021)

Court

Supreme Court

Case number

CA 07/2020 (appeal from Employment Tribunal in ET 03/2020)

The Supreme Court of Seychelles dismissed an employment appeal as out of time, holding that no leave had been sought to file the appeal late.

• Appeal out of time
• Salary in lieu of notice
• Plea in limine litis
• Employment-appeals
• Appeal-out-of-time
• Plea-in-limine-litis

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Petrovar-Didon vParkash (MA 103/202)

Petrovar-Didon vParkash (MA 103/202) [2021] SCSC 919 (16 June 2021)

Court

Supreme Court

Case number

MA 103/202

The Supreme Court of Seychelles dismissed an application to appeal out of time, holding it lacked jurisdiction because the proper forum was the Court of Appeal.

• Appeal out of time
• Jurisdiction
• Functus officio
• Leave to appeal
• Appeal-out-of-time
• Functus-officio

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Confait v R (SCA 5 of 2018)

Confait v R (SCA 5 of 2018) [2018] SCCA 40 (13 December 2018)

Court

Court of Appeal

Case number

SCA 5 of 2018

The sentence of 7 years imposed by the Magistrates Court in case C. No. 565/09 should run concurrently, not consecutively, with other sentences the appellant was serving, given the appellant's age at the time of the offences and the nature of the offences, and guided by the principle of totality of sentences.

Source excerpt

• Housebreaking
• Sentencing
• Appeal out of time
• Consecutive and concurrent sentences
• Totality principle

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Commissioner of Police & Anor v Antonio Sullivan & Ors (SCA 26 of 2015)

Commissioner of Police & Anor v Antonio Sullivan & Ors (SCA 26 of 2015) [2018] SCCA 2 (10 May 2018)

Court

Court of Appeal

Case number

SCA 26 of 2015

The Court of Appeal refused to condone delay in filing appeal documents and dismissed the appeal, stressing compliance with appellate deadlines and good cause requirements.

• Appeal out of time
• Condonation of delay
• Ownership of movables
• Case management
• Appeal-out-of-time
• Condonation-of-delay

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Morel & Anor v Dawn Dew Farm (Pty) Ltd (SCA 8 of 2012)

Morel & Anor v Dawn Dew Farm (Pty) Ltd (SCA 8 of 2012) [2014] SCCA 23 (14 August 2014)

Court

Court of Appeal

Case number

SCA 8 of 2012

Failure to obtain a copy of the judgment within the prescribed time is not a sufficient reason for extension to file notice of appeal; there is no constitutional right to be given a copy of the judgment before filing notice of appeal.

Source excerpt

• Appeal out of time
• Notice of appeal
• Right to judgment copy
• Court discretion

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