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Seychelles Case Law

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Civil procedure [2020] SCSC 567

Sanzman v Linyon Deomokratik Seselwa & Ors (CS 150/2018)

Sanzman v Linyon Deomokratik Seselwa & Ors (CS 150/2018) [2020] SCSC 567 (27 July 2020)

Preliminary objections in a delict claim partly succeeded: claims against the Electoral Commission, a former judge, and the Registrar were struck out, but the claim against the first defendant continued.

  • Judicial immunity
  • Malicious prosecution
  • Abuse of process
  • Delictual responsibility
  • Judicial-immunity
  • Malicious-prosecution
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Civil procedure [2018] SCCA 16

The Estate of The Late Berard Fanchette v The Attorney General (SCA 12 of 2014)

The Estate of The Late Berard Fanchette v The Attorney General (SCA 12 of 2014) [2018] SCCA 16 (4 June 2018)

The Court of Appeal dismissed an estate’s civil appeal, holding the plaint did not disclose a reasonable cause of action against the Government of Seychelles.

  • Cause of action
  • Vicarious liability
  • Judicial immunity
  • Pleading requirements
  • Cause-of-action
  • Vicarious-liability
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Tort law [2014] SCSC 63

Fanchette vs Attorney General (CS 155.2012)

Fanchette vs Attorney General (CS 155.2012) [2014] SCSC 63 (19 February 2014)

The Supreme Court of Seychelles dismissed a delict claim against the Attorney General, holding that the plaint disclosed no cause of action and that the Family Tribunal enjoyed statutory immunity.

  • Delict
  • Vicarious liability
  • Judicial immunity
  • Government liability
  • Children act
  • Separation of powers
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Constitutional law [2013] SCSC 54

Serret vs Attorney General

Serret vs Attorney General (Civil Suit No. 158 of 2012) [2013] SCSC 54 (6 May 2013)

The Supreme Court dismissed preliminary objections to a claim for compensation after a quashed contempt conviction, and referred the constitutional question to the Constitutional Court.

  • Judicial immunity
  • Compensation for miscarriage of justice
  • Right to fair trial
  • Government liability
  • Judicial-immunity
  • Miscarriage-of-justice-compensation
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Constitutional law [2011] SCCC 4

Subaris & Ors v Perera & Anor (CP 3 of 2008)

Subaris & Ors v Perera & Anor (CP 3 of 2008) [2011] SCCC 4 (4 July 2011)

Judicial immunity under article 119(3) is qualified but applies to all judicial acts performed in official capacity; the only constitutional exception is removal for misbehaviour under article 134. The acts complained of were judicial acts, and the petitioners' right to constitutional redress under article 46 does not override judicial immunity. The petition is not maintainable in law and is dismissed.

  • Judicial immunity
  • Right to fair hearing
  • Constitutional redress
  • Misbehaviour of judges
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Constitutional law [2010] SCCC 2

Elizabeth v President Court of Appeal & Anor (2 of 2009)

Elizabeth v President Court of Appeal & Anor (2 of 2009) [2010] SCCC 2 (29 July 2010)

The Constitutional Court dismissed Frank Elizabeth’s petition as frivolous and vexatious, holding that it disclosed no reasonable cause of action.

  • Right to fair hearing
  • Judicial immunity
  • Abuse of process
  • Cause of action
  • Frivolous and vexatious proceedings
  • Constitutional-law
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.