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Seychelles decisions
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Alysé Company (Pty) Ltd v Eden Island Management Association (CC 5 of 2025) [2025] SCSC 122 (9 September 2025)
The Supreme Court dismissed a plea to decline jurisdiction under an arbitration clause, holding the defendant had not shown readiness and willingness to arbitrate.
Mahe Design and Build (Proprietary) Limited v Hoevers (CS 13 of 2022) [2023] SCSC 766 (25 October 2023)
The plea in limine fails because the Defendant did not provide evidence, such as an affidavit, demonstrating readiness and willingness to submit to arbitration at the commencement of proceedings, as required by established procedure and case law.
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Benoiton Construction Company (Pty) Ltd v Consolidated Power Projects Group Africa Limited (CS 64 of 2021) [2022] SCSC 831 (23 September 2022)
The defendant's willingness to submit to dispute resolution, expressed after the filing of the plaint but before the court's determination, is sufficient under the applicable case law. The delay by the plaintiff in filing proceedings negates the argument that the defendant was not ready and willing. The affidavit defect is curable and does not warrant dismissal of the application. The proceedings are stayed to allow the defendant to cure the affidavit defect.
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University of Sey v Ag (SCA 11 of 2013) [2015] SCCA 16 (16 April 2015)
The Court of Appeal held that a memorandum of understanding could ratify prior transactions and required disputes to be resolved by arbitration before court proceedings.
Le Roux v Eden Island (CS 325/2009) [2012] SCSC 53 (31 May 2012)
The arbitration clause (clause 25) in the agreement is valid, severable, and mandatory. The arguments raised by the respondent relate only to the main agreement and do not affect the validity of the arbitration clause. The court must stay proceedings and refer the dispute to arbitration as agreed by the parties.
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Lesperance Estate Co Ltd v Intour SKL (CS 184/2000) [2001] SCSC 9 (30 March 2001)
The Supreme Court dismissed an application for a writ of habere facias possessionem, finding the respondent had a bona fide defence and had occupied the hotel with the applicant’s consent.
Oldypak Capital LP & Ors v Tempox Holdings Ltd (CS 118/2019) [2022] SCSC 1083 (10 March 2022)
The Shareholders’ Agreement provides that Czech law applies and disputes are to be resolved by arbitration in the Czech Republic. The Plaintiff did not address the issue of foreign law or the arbitration clause. The Seychelles court therefore lacks jurisdiction to grant the relief sought.
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