Seychelles Case Law

ex parte Julienne & Anor (MA 205/2021)

ex parte Julienne & Anor (MA 205/2021) [2021] SCSC 991 (15 September 2021)

Court

Supreme Court

Case number

MA 205/2021

There is a serious issue to be tried regarding the alleged fraudulent and illegal transfer of parcel S1623. Demolition prior to determination of the main suit would cause irreparable harm to the applicants, which cannot be adequately compensated by damages. The balance of convenience favours granting the interlocutory injunction to prevent demolition until the main case is determined.

Source excerpt

• Interlocutory injunction
• Fraudulent transfer
• Planning permission
• Immovable property transfer restrictions

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Ugnich v Lavrentieva (MC 53/2020)

Ugnich v Lavrentieva (MC 53/2020) [2020] SCSC 465 (11 March 2020)

Court

Supreme Court

Case number

MC 53/2020

The Supreme Court of Seychelles ordered Parcel C2914 registered in the petitioner’s sole name, rejected res judicata and other preliminary objections, and refused sanction-fee and rent claims.

• Division of matrimonial property
• Beneficial ownership
• Immovable property transfer restrictions
• Res judicata
• Procedural deficiencies
• Matrimonial-property

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Petite Anse Dev Ltd v Safa (SCA 16 of 2013)

Petite Anse Dev Ltd v Safa (SCA 16 of 2013) [2015] SCCA 18 (28 August 2015)

Court

Court of Appeal

Case number

SCA 16 of 2013

The Court of Appeal held that no binding contract had been formed for the villa purchase, upheld restitution of the deposits, and dismissed the appeal with costs.

• Formation of contract
• Deposit forfeiture
• Restitution
• Interest on judgment
• Immovable property transfer restrictions
• Contract-formation

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Ghezzi and another vs Danton and another (CS 256.2007)

Ghezzi and another vs Danton and another (CS 256.2007) [2014] SCSC 155 (9 May 2014)

Court

Supreme Court

Case number

CS 256.2007

The Supreme Court of Seychelles held that a share-purchase agreement for immovable property interests by non-Seychellois, made without prior sanction, was void and unenforceable.

• Specific performance
• Immovable property transfer restrictions
• Nominee arrangements
• Illegality of contract
• Specific-performance
• Void-contract

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Le Roux v Eden Island (CS 325/2009)

Le Roux v Eden Island (CS 325/2009) [2012] SCSC 53 (31 May 2012)

Court

Supreme Court

Case number

CS 325/2009

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.

Source excerpt

• Arbitration clause
• Severability
• Jurisdiction
• Immovable property transfer restrictions
• Enforceability of contracts

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Hetimier v Gandini (178 of 2010)

Hetimier v Gandini (178 of 2010) [2011] SCSC 9 (17 February 2011)

Court

Supreme Court

Case number

178 of 2010

The Supreme Court dismissed an application for a writ of habere facias possessionem, holding the respondent had arguable defences and ordinary action was the proper route.

• Writ of habere facias possessionem
• Immovable property transfer restrictions
• Droit de superficie
• Compensation under civil code
• Good faith in property transactions
• Habere-facias-possessionem

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