Seychelles Case Law

Pointe v Payet (MA 29/2025 (Arising in DV 16/2024))

Pointe v Payet (MA 29/2025 (Arising in DV 16/2024)) [2025] SCSC 107 (13 August 2025)

Court

Supreme Court

Case number

MA 29/2025 (Arising in DV 16/2024)

The applicant failed to satisfy all conditions for an inhibition order over all parcels sought, as most are either company-owned (separate legal personality) or encumbered by charges, negating risk of alienation. However, the applicant established an arguable case and possible beneficial interest in certain parcels registered in the respondent's name, justifying inhibition over those specific properties pending final determination.

Source excerpt

• Matrimonial property
• Inhibition orders
• Corporate personality
• Constructive trusts

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Bodwell v Bodwell (MA 91 of 2024 (Arising in DC 139 of 2023)

Bodwell v Bodwell (MA 91 of 2024 (Arising in DC 139 of 2023) [2025] SCSC 26 (13 March 2025)

Court

Supreme Court

Case number

MA 91 of 2024 (Arising in DC 139 of 2023

The Supreme Court of Seychelles granted the applicant leave to file a matrimonial property claim out of time, finding the delay excusable and non-prejudicial.

• Matrimonial property
• Extension of time
• Leave to file out of time
• Family-law
• Matrimonial-property
• Extension-of-time

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Rose v Richemond ((SCA 07/2024)

Rose v Richemond ((SCA 07/2024) [2024] (Arising in MA 97/2022 out of DC 227/2019)) [2024] SCCA 25 (19 August 2024)

Court

Court of Appeal

Case number

(SCA 07/2024) [2024] (Arising in MA 97/2022 out of DC 227/2019)

Court of Appeal allowed a wife’s appeal against dismissal of her ancillary relief application, holding the pleading sufficiently complied with rule 4(1).

• Divorce
• Ancillary relief
• Matrimonial property
• Procedural law
• Family-law
• Ancillary-relief

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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…

Source excerpt

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

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Udwadia v Udwadia (MA 252 of 2023 (Arising in DV 100 of 2021))

Udwadia v Udwadia (MA 252 of 2023 (Arising in DV 100 of 2021)) [2024] SCSC 9 (17 January 2024)

Court

Supreme Court

Case number

MA 252 of 2023 (Arising in DV 100 of 2021)

The Supreme Court of Seychelles dismissed an application for leave to file a matrimonial property adjustment petition out of time for defective affidavit evidence.

• Matrimonial property
• Extension of time
• Affidavit evidence
• Procedural compliance
• Matrimonial-property
• Extension-of-time

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Lau-Tee v Lau-Tee (SCA MA 43 of 2023)

Lau-Tee v Lau-Tee (SCA MA 43 of 2023) [2023] SCCA 83 (18 December 2023)

Court

Court of Appeal

Case number

SCA MA 43 of 2023

The Court of Appeal corrected an accidental error in its earlier order on matrimonial property, giving effect to its intended division under Rule 13(2).

• Contempt of court
• Correction of judgment
• Matrimonial property
• Civil-procedure
• Family-law
• Correction-of-judgment

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Lau-Tee v Hoareau & Ors ((SCA MA 42 of 2023 (Arising in SCA 8 and 9 of 2021) (Out of MA 176 of 2019) and (DC 134 of 2018))

Lau-Tee v Hoareau & Ors ((SCA MA 42 of 2023 (Arising in SCA 8 and 9 of 2021) (Out of MA 176 of 2019) and (DC 134 of 2018)) [2023] SCCA 77 (18 December 2023)

Court

Court of Appeal

Case number

(SCA MA 42 of 2023 (Arising in SCA 8 and 9 of 2021) (Out of MA 176 of 2019) and (DC 134 of 2018)

The court found that Mrs. Hoareau, SCAA, and Fred Hoareau were in contempt of clear and unequivocal court orders and a registered inhibition by intentionally effecting and registering the transfer of Parcel S5256 to SCAA, thereby frustrating the execution of the matrimonial property judgment. The orders were not ambiguous, all parties had knowledge, and no valid explanation was provided for the breach. The application was properly brought and parties properly joined.

Source excerpt

• Contempt of court
• Matrimonial property
• Land registration
• Execution of judgments

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Jean v Jean (MA 259 of 2020)

Jean v Jean (MA 259 of 2020) [2023] SCSC 813 (14 December 2023)

Court

Supreme Court

Case number

MA 259 of 2020

The Supreme Court of Seychelles dismissed a petition to divide matrimonial property because it was filed out of time without leave under the Matrimonial Causes Rules.

• Matrimonial property
• Ancillary relief
• Time limits for applications
• Family-law
• Matrimonial-property
• Ancillary-relief

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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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Albert v Albert (SCA 39 of 2020)

Albert v Albert (SCA 39 of 2020) [2023] SCCA 29 (25 August 2023)

Court

Court of Appeal

Case number

SCA 39 of 2020

The Court of Appeal held that the spouses had expressly chosen Mauritius’s séparation de biens regime, so there was no matrimonial property to divide.

• Matrimonial property
• Conflict of laws
• Matrimonial regimes
• Ancillary relief
• Jurisdiction
• Matrimonial-property

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