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Seychelles decisions
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Banane v Banane and Ors (MC 43 of 202) [2025] SCSC 47 (11 April 2025)
The Supreme Court granted a petition for division in kind of parcel V5152, finding the petitioner’s 54.289% share established and the land conveniently divisible.
Payet v Green & Anor ((Civil Appeal SCA 01/2024) [2024] (19 August 2024) (Arising in MC 40/2021) SCSC 777)) [2024] SCCA 23 (19 August 2024)
The Court of Appeal dismissed an appeal seeking division in kind of co-owned land, holding that the appraisement reports did not comply with section 112 of the IPJS Act.
Rouillon v Valmont (SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024) ((SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024)) [2024] SCCA 11 (3 May 2024)
The Court of Appeal held that jointly titled property owned by de facto spouses is subject to Article 815 co-ownership rules, with equal shares presumed absent rebuttal.
Gobine v Gobine (SCA 18/2023) [2024] ((SCA 18/2023) [2024] (Arising in DC 224/2019) (3 May 2024)) [2024] SCCA 12 (3 May 2024)
The Court of Appeal of Seychelles upheld equal division of matrimonial property, but quashed the loan-payment order and extended payment time to six months.
Ex Parte Dubignon & Ors (XP 38 of 2023) [2024] SCSC 41 (3 April 2024)
The court appointed a fiduciary for co-owned land V11757 and approved subdivision into three equal plots, with allocations agreed among the co-owners, including a minor.
Pillay v Lablache (MA 298 of 2017 (Arising in DV 20 of 2016)) [2024] SCSC 30 (2 February 2024)
The Court found that the petitioner transferred properties to the parties' children during divorce proceedings with the intention of defeating the respondent's claim for financial relief, and that the respondent made substantial contributions (monetary and in kind) to the acquisition, maintenance, and improvement of the properties during cohabitation and marriage. Applying anti-avoidance provisions, the Court set aside the transfer of parcel V1332 to the children, ordered its reversion to the petitioner and subsequent transfer to the respondent, and adjusted ownership of other properties acco…
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Payet v Green & Anor (MC 40 of 2021) [2023] SCSC 777 (22 November 2023)
The property cannot be conveniently divided to extract the Petitioner’s share without causing inequities in area, development costs, and value to other co-owners. Division into two plots would be impractical and unfair. The prior court order authorising sale was specific to a particular offer and purchaser, not a general mandate for future sales.
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Elizabeth v Lesperance & Others (SCA 1 of 2022) [2023] SCCA 45 (25 August 2023)
The Court of Appeal upheld a promise to lease, finding no public-policy bar and holding that fiduciary and executor capacity cured any defect.
Azemia v Jeanne & Ors (MC No. 13 of 2018) [2023] SCSC 408 (2 June 2023)
The petitioner complied with the procedure under Section 107 of the Immovable Property (Judicial Sales) Act. The rights of the parties are liquidated, the property can be conveniently divided as per the surveyor's report, and such division is the most advantageous course for the heirs. The objections regarding procedural defects and the indivisibility of the property are unfounded. The partition is confirmed as proposed in the surveyor's report.
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Faure v Sinon (SCA 23 of 2020) [2023] SCCA 11 (26 April 2023)
The Court of Appeal of Seychelles dismissed a matrimonial property appeal, upholding equal shares and confirming orders for payment, transfer, or sale if needed.
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