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Seychelles Case Law

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Family law [2021] SCSC 1023

Desaubin v Desaubin (DC32/2020)

Desaubin v Desaubin (DC32/2020) [2021] SCSC 1023 (21 October 2021)

The Supreme Court of Seychelles granted a conditional divorce order after finding the spouses had lived separately for over a year, the respondent consented, and reconciliation was unlikely.

  • Divorce
  • Separation
  • Custody
  • Maintenance
  • Family-law
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Family law [2020] SCSC 590

Albert v Albert (MA 39/2019 (arising in DV 97/2018))

Albert v Albert (MA 39/2019 (arising in DV 97/2018)) [2020] SCSC 590 (1 September 2020)

The Supreme Court of Seychelles dismissed a claim for division of matrimonial property after finding the parties had married in Mauritius under séparation de biens.

  • Matrimonial property regime
  • Ancillary relief
  • Jurisdiction
  • Choice of law
  • Separation of property
  • Maintenance
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Family law [2017] SCSC 109

Toussaint nee Esther v Toussaint

Toussaint nee Esther v Toussaint (Civil Side DS174/2016) [2017] SCSC 109 (10 February 2017)

The Supreme Court of Seychelles granted a conditional divorce order after finding the marriage had irretrievably broken down and the respondent consented.

  • Divorce
  • Irretrievable breakdown of marriage
  • Custody
  • Maintenance
  • Irretrievable-breakdown-of-marriage
  • Family-law
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Civil law [2014] SCSC 33

Searles v Pothin (CS 315/2010)

Searles v Pothin (CS 315/2010) [2014] SCSC 33 (31 January 2014)

The Supreme Court of Seychelles dismissed a claim for unjust enrichment, finding the assets transferred to the defendant were outright gifts, not conditional transfers.

  • Unjust enrichment
  • Gifts
  • Common law relationships
  • Property transfer
  • Custody
  • Maintenance
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Family law [2013] SCSC 105

VAB vs MOA (CA 8/2013)

VAB vs MOA (CA 8/2013) [2013] SCSC 105 (22 October 2013)

The Supreme Court of Seychelles allowed a mother’s custody appeal, set aside the Family Tribunal’s order, and granted her custody with access and maintenance arrangements.

  • Child custody
  • Parental fitness
  • Best interests of the child
  • Maintenance
  • Parental conduct
  • Child-custody
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Family law [2010] SCSC 2

Jean-Louis v Rosette (189 of 2007)

Jean-Louis v Rosette (189 of 2007) [2010] SCSC 2 (21 January 2010)

The Supreme Court of Seychelles dismissed a former husband’s damages claim over alleged paternity misrepresentation and rejected the wife’s counterclaim as time-barred.

  • Misrepresentation of paternity
  • Maintenance
  • Adultery
  • Damages
  • Counterclaim
  • Limitation period
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Family law [2009] SCSC 97

Samori v Charles (169 of 2008)

Samori v Charles (169 of 2008) [2009] SCSC 97 (15 November 2009)

Petitioner contributed SR 65,000 towards purchase of land and is entitled to reimbursement plus a lump sum of SR 50,000 for financial adjustment; total SR 115,000 to be paid by respondent. Petitioner retains right of occupation until payment, after which she must vacate. Ownership of house and property remains with respondent.

  • Matrimonial property
  • Financial adjustment
  • Maintenance
  • Occupation of matrimonial home
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Family law [2008] SCSC 42

Songoire v Williams (3 of 2007)

Songoire v Williams (3 of 2007) [2008] SCSC 42 (27 November 2008)

The Supreme Court of Seychelles dismissed a civil appeal, holding that the mother’s evidence of paternity was sufficiently corroborated and the maintenance award was reasonable.

  • Maintenance
  • Paternity
  • Corroboration of evidence
  • Family-law
  • Child-maintenance
  • Evidence-corroboration
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Family law [2008] SCSC 27

Chetty v Chetty (84 of 2004)

Chetty v Chetty (84 of 2004) [2008] SCSC 27 (30 March 2008)

The court made a matrimonial property adjustment order, awarding the petitioner a larger share and treating the parties’ disabled adult daughter as a relevant child.

  • Matrimonial property
  • Divorce
  • Maintenance of handicapped child
  • Property adjustment order
  • Matrimonial-property
  • Property-adjustment-order
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Family law [2007] SCSC 112

Khan v Khan (123 of 2005)

Khan v Khan (123 of 2005) [2007] SCSC 112 (8 November 2007)

The Supreme Court of Seychelles granted a conditional divorce order after finding the marriage had irretrievably broken down and reconciliation was unlikely.

  • Divorce
  • Irretrievable breakdown of marriage
  • Custody
  • Maintenance
  • Irretrievable-breakdown-of-marriage
  • Family-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.