Seychelles Case Law

Pillay v Lablache (MA 298 of 2017 (Arising in DV 20 of 2016))

Pillay v Lablache (MA 298 of 2017 (Arising in DV 20 of 2016)) [2024] SCSC 30 (2 February 2024)

Court

Supreme Court

Case number

MA 298 of 2017 (Arising in DV 20 of 2016)

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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• Matrimonial property
• Division of assets
• Anti-avoidance of property transfers
• Co-ownership
• Equitable distribution

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Hossen v Choppy (SCA 14 of 2022)

Hossen v Choppy (SCA 14 of 2022) [2023] SCCA 38 (25 August 2023)

Court

Court of Appeal

Case number

SCA 14 of 2022

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.

• Matrimonial property
• Division of assets
• Limitation period
• Ancillary relief
• Time bar
• Matrimonial-property

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Gobine v Gobine (MA No. 250 of 2020 Arising in DV 224 of 2019

Gobine v Gobine (MA No. 250 of 2020 Arising in DV 224 of 2019 [2023]) [2023] SCSC 762 (2 June 2023)

Court

Supreme Court

Case number

MA No. 250 of 2020 Arising in DV 224 of 2019 [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.

• Matrimonial property
• Property adjustment
• Ancillary relief
• Division of assets
• Loan liability after divorce
• Matrimonial-property

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Faure v Sinon (SCA 23 of 2020)

Faure v Sinon (SCA 23 of 2020) [2023] SCCA 11 (26 April 2023)

Court

Court of Appeal

Case number

SCA 23 of 2020

The Court of Appeal of Seychelles dismissed a matrimonial property appeal, upholding equal shares and confirming orders for payment, transfer, or sale if needed.

• Matrimonial property
• Division of assets
• Matrimonial causes
• Contributions to marriage
• Counterclaim procedure
• Matrimonial-property

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Hoareau v Azemia (SCA 43 of 2019)

Hoareau v Azemia (SCA 43 of 2019) [2022] SCCA 24 (29 April 2022)

Court

Court of Appeal

Case number

SCA 43 of 2019

The Court of Appeal found that the trial judge erred by not basing the award on the amended pleadings and by failing to provide adequate reasoning for the partial acceptance of the Appellant's claims. The evidence established that both parties made significant contributions to the matrimonial property. Applying the principles of fairness and equity under Section 20(1)(g) of the Matrimonial Causes Act, the Court held that the Appellant was entitled to 50% of the value of the property, excluding the land, as valued in the 2017 Quantity Surveyor's Report.

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• Matrimonial property
• Division of assets
• Contributions to matrimonial property
• Appeal procedure

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Nimmo v Marie (MA 188 of 2019)

Nimmo v Marie (MA 188 of 2019) [2022] SCSC 157 (25 February 2022)

Court

Supreme Court

Case number

MA 188 of 2019

The Supreme Court of Seychelles dismissed a matrimonial property claim, finding the respondent owned flat B6, joint-account withdrawals were not actionable, and gifts were irrevocable.

• Matrimonial property
• Division of assets
• Gifts
• Personal effects
• Joint accounts
• Matrimonial-property

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Lau-Tee v Lau-Tee (MA 176/2019)

Lau-Tee v Lau-Tee (MA 176/2019) [2021] SCSC 847 (22 February 2021)

Court

Supreme Court

Case number

MA 176/2019

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.

• Matrimonial property
• Division of assets
• Equitable distribution
• Ancillary relief
• Divorce proceedings
• Matrimonial-property

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Camille v Camille (DV 79/2010)

Camille v Camille (DV 79/2010) [2020] SCSC 484 (2 April 2020)

Court

Supreme Court

Case number

DV 79/2010

The petitioner is entitled to 25% of the value of Title C6759 due to her indirect and minimal direct contributions during a long marriage, and the respondent is to transfer the vehicles to the petitioner as he no longer possesses them and has agreed to the transfer.

Source excerpt

• Matrimonial property
• Division of assets
• Indirect contributions
• Vehicle ownership

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Adela v Savy (MA 250/2017 (arising in DC 160/2016))

Adela v Savy (MA 250/2017 (arising in DC 160/2016)) [2020] SCSC 470 (26 March 2020)

Court

Supreme Court

Case number

MA 250/2017 (arising in DC 160/2016)

Both parties are joint owners of the matrimonial home, each entitled to a half share. The petitioner, residing with the children, is given first option to reimburse the respondent for his half share and loan contribution within six months to become sole owner. Failing that, the respondent may reimburse the petitioner for her share and loan contribution to become sole owner. If neither party pays, the property is to be sold and proceeds divided after loan repayment.

Source excerpt

• Matrimonial property
• Division of assets
• Contribution to matrimonial property
• Property adjustment order

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Padayachy v Padayachy (MA 82/2015)

Padayachy v Padayachy (MA 82/2015) [2018] SCSC 8226 (17 July 2018)

Court

Supreme Court

Case number

MA 82/2015

Both parties contributed to the construction of the matrimonial home; the respondent is entitled to a half undivided share of the value as per the preferred valuation. The petitioner is not entitled to any share in the Terios jeep as she did not contribute to its purchase or maintenance.

Source excerpt

• Matrimonial property
• Division of assets
• Financial relief on divorce

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