Seychelles Case Law

Phara Sophia Bothe & Ors v Robert Noddyn & Anor (MA28/2024) (MA 28 of 2024)

Phara Sophia Bothe & Ors v Robert Noddyn & Anor (MA28/2024) (MA 28 of 2024) [2025] SCSC 137 (14 October 2025)

Court

Supreme Court

Case number

MA 28 of 2024

The plea in limine litis is not dismissed and shall be heard together with the merits of the application, as the defect in production of the judgment is curable and the point of law was raised both as a preliminary issue and on the merits.

Source excerpt

• Civil imprisonment
• Judgment enforcement
• Limitation period
• Plea in limine litis

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Rouillon v Valmont (SCA 20/2023)

Rouillon v Valmont (SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024) ((SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024)) [2024] SCCA 11 (3 May 2024)

Court

Court of Appeal

Case number

(SCA 20/2023) [2024] (Arising in CS 06/2021) (3 May 2024)

The Court of Appeal held that jointly titled property owned by de facto spouses is subject to Article 815 co-ownership rules, with equal shares presumed absent rebuttal.

• Co-ownership
• De facto relationships
• Division of property
• Presumption of equality
• Plea in limine litis
• Prescription

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Pillay & Ors v Pillay (CS 87 of 2021)

Pillay & Ors v Pillay (CS 87 of 2021) [2023] SCSC 728 (20 September 2023)

Court

Supreme Court

Case number

CS 87 of 2021

The Supreme Court of Seychelles dismissed both parties’ pleas in limine litis, holding the plaintiffs’ claim was not prescribed and the counter-claim was not bad in law.

• Prescription (limitation of actions)
• Interpretation of contracts
• Counter-claims
• Plea in limine litis
• Prescription
• Contract-interpretation

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Fanchette v Attorney General ((CS 84/2022)

Fanchette v Attorney General ((CS 84/2022) [2023] SCSC 686) [2023] SCSC 686 (15 September 2023)

Court

Supreme Court

Case number

(CS 84/2022) [2023] SCSC 686

The Supreme Court dismissed preliminary objections to a plaint challenging an alleged unilateral variation of employment terms, finding the dispute could not be decided without evidence.

• Variation of employment terms
• Preliminary objections
• Plea in limine litis
• Employment-law
• Preliminary-objections
• Plea-in-limine-litis

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Kasi Trading v United Africa Feeder Line (UAFL) & Ors (SCA 30 of 2021)

Kasi Trading v United Africa Feeder Line (UAFL) & Ors (SCA 30 of 2021) [2023] SCCA 18 (26 April 2023)

Court

Court of Appeal

Case number

SCA 30 of 2021

The Court of Appeal allowed the appeal, set aside a Supreme Court ruling on prescription, and remitted the case for rehearing.

• Plea in limine litis
• Prescription
• Admissibility of evidence
• Interruption of prescription
• Civil-procedure
• Plea-in-limine-litis

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Zatte v Seychelles Public Transport Corporation (CA 10 of 2022)

Zatte v Seychelles Public Transport Corporation (CA 10 of 2022) [2023] SCSC 324 (18 April 2023)

Court

Supreme Court

Case number

CA 10 of 2022

The Supreme Court of Seychelles held that Jimmy Zatte’s plaint was filed outside the five-year limitation period and dismissed the appeal as time-barred.

• Prescription
• Time limitation
• Plea in limine litis
• Delict
• Covid-19 related suspension
• Limitation-of-actions

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Bouchereau v Longhurst

Bouchereau v Longhurst [2023] SCSC 235 (31 March 2023)

Court

Supreme Court

The Supreme Court dismissed a civil appeal as incompetent because the notice of appeal and memorandum were filed out of time and no extension was sought.

• Appeal timelines
• Plea in limine litis
• Extension of time
• Appeal-timelines
• Civil-procedure
• Extension-of-time

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Chetty & Anor v Chetty (77 of 2022)

Chetty & Anor v Chetty (77 of 2022) [2022] SCCA 82 (16 December 2022)

Court

Court of Appeal

Case number

77 of 2022

The trial judge erred in imposing conditions (granting six months to file a new suit and halting execution of the Will) after dismissing the plaint on a plea in limine litis, as there was no legal basis for such equitable intervention where legal remedies existed. The conditions were set without legal foundation and must be set aside.

Source excerpt

• Plea in limine litis
• Joinder of parties
• Prescription
• Equitable powers
• Ultra petita
• Fair hearing

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Marzocchi v International School (CS 90 of 2020)

Marzocchi v International School (CS 90 of 2020) [2022] SCSC 708 (9 August 2022)

Court

Supreme Court

Case number

CS 90 of 2020

The Supreme Court of Seychelles declined to strike out a plaint as frivolous, vexatious, or abusive, finding a serious issue to be tried and dismissing the plea in limine litis.

• Plea in limine litis
• Frivolous or vexatious pleadings
• Abuse of process
• Unjust enrichment
• Breach of contract
• Civil-procedure

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Mellie v Commissioner of Police & Anor (CS 84 of 2019)

Mellie v Commissioner of Police & Anor (CS 84 of 2019) [2022] SCSC 343 (8 April 2022)

Court

Supreme Court

Case number

CS 84 of 2019

The Commissioner of Police is not vicariously liable for the acts of police officers, who are employees of the State; therefore, the plaint discloses no reasonable cause of action against the named defendants and must be dismissed.

Source excerpt

• Vicarious liability
• Plea in limine litis
• Proper party defendant
• Delictual action

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