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Seychelles decisions
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Decomarmond v Decomarmond (MA 210 of 2024 (Arising in DC 11 of 2023)) [2024] SCSC 225 (13 December 2024)
The Supreme Court of Seychelles granted leave to file an out-of-time application for division of matrimonial property after finding sufficient cause for delay.
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).
Ex-parte Meron Amare (XP 10 of 2023) [2024] SCSC 132 (19 June 2024)
The Supreme Court of Seychelles declared executory an Ethiopian divorce judgment and property settlement, allowing enforcement for a Seychelles condominium transfer.
Cornelis L Hoevers v Rachel F Hoevers (nee Alphonse) SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024) (SCA MA 07/2024 AND SCA 14/2023 [2024] (Consolidated) (Arising in DC 90/2022) (3 May 2024)) [2024] SCCA 16 (3 May 2024)
The proven acts of violence and damaging property by the Respondent, even if provoked, constitute unreasonable behaviour under Article 230(1)(b) of the Civil Code Act, 2020. The Appellant cannot reasonably be expected to continue living with the Respondent. The trial judge erred in requiring a pattern or prolonged period of behaviour and in accepting provocation as justification. The requirements for dissolution of marriage under Article 231(1) were met, and the procedural delay in filing heads of argument was condoned due to the case's jurisprudential value and lack of prejudice to the Respo…
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Karunakaran v Karunakaran (SCA 16 of 2022) [2023] SCCA 47 (25 August 2023)
The evidence established that attempts at reconciliation were made but failed, the trial judge properly considered the continuum of unreasonable behaviour without evidence of condonation, and the divorce was granted on the ground of unreasonable behaviour, not on the basis of the parties living apart.
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Ex parte Amare (XP 10 of 2023) [2023] SCSC 333 (27 April 2023)
The Supreme Court of Seychelles held that an application to register a foreign divorce-related judgment had to be served on the ex-husband in Ethiopia.
Cassime v Cassime [2023] SCSC 229 (28 March 2023)
The Supreme Court granted a divorced spouse leave to file late notice to make a conditional divorce order absolute, accepting an affidavit explaining the delay.
Gangadoo v Gangadoo (MA 24 of 2022) [2023] SCSC 187 (10 March 2023)
The Supreme Court granted leave to file a matrimonial property application out of time after finding genuine settlement efforts and that justice favoured allowing the claim.
Cushion v Mein (SCA 44 of 2019) [2022] SCCA 26 (29 April 2022)
The Supreme Court erred in awarding equal beneficial shares in the matrimonial home as the evidence showed the Appellant contributed approximately sixty-one percent and the Respondent thirty-nine percent towards the acquisition and improvement of the property. The appellate court adjusted the shares accordingly, based on the parties' respective financial contributions and relevant circumstances.
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Cilliers v De Lange (MA 231 of 2021) [2022] SCSC 198 (7 March 2022)
The Supreme Court of Seychelles dismissed a motion to dispense with service of a divorce petition, holding that service is mandatory and dispensation is a last resort.
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