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Seychelles Case Law

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Land law [2020] SCSC 537

Ladouceur v Vannier (CA 21/2019)

Ladouceur v Vannier (CA 21/2019) [2020] SCSC 537 (3 July 2020)

The Supreme Court held that the Rent Board had no jurisdiction to decide droit de superficie claims and that res judicata did not arise. The appeal was dismissed.

  • Jurisdiction of rent board
  • Droit de superficie
  • Res judicata
  • Leave to appeal
  • Statutory tenancy
  • Rent-board-jurisdiction
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Landlord and tenant law [2018] SCSC 8153

Mortier v David (MA 79/2018 arising in CS8/2018)

Mortier v David (MA 79/2018 arising in CS8/2018) [2018] SCSC 8153 (23 April 2018)

The Supreme Court of Seychelles granted a stay of execution pending appeal, holding that the applicant showed an arguable statutory-tenancy case and risked a nugatory appeal.

  • Statutory tenancy
  • Stay of execution
  • Jurisdiction
  • Eviction procedures
  • Stay-of-execution
  • Statutory-tenancy
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Land law [2018] SCSC 8124

David v Mortier (MC08/2018)

David v Mortier (MC08/2018) [2018] SCSC 8124 (25 March 2018)

The Supreme Court of Seychelles ordered eviction, holding the respondent was no longer a statutory tenant and that a writ habere facias possessionem was available.

  • Statutory tenancy
  • Writ habere facias possessionem
  • Jurisdiction of rent board
  • Termination of lease
  • Urgent eviction
  • Statutory-tenancy
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Civil procedure [2017] SCCA 46

Marie-claire Lesperance v Jeffrey Larue (SCA 15 of 2015)

Marie-claire Lesperance v Jeffrey Larue (SCA 15 of 2015) [2017] SCCA 46 (6 December 2017)

The Court of Appeal allowed the appeal, holding that statutory tenancy could not be relied on because it was not pleaded and was not a live issue.

  • Pleadings
  • Statutory tenancy
  • Succession
  • Mandatory injunction
  • Fair hearing
  • Civil-procedure
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Contract law [2013] SCSC 63

Jean & Anor v Felix & Anor (CS 15/2008)

Jean & Anor v Felix & Anor (CS 15/2008) [2013] SCSC 63 (10 May 2013)

The court held that fairness could imply a compensatory term in a lease, awarding the tenants damages for their fit-out investments and dismissing the landlords’ counterclaim.

  • Implied terms
  • Legitimate expectation
  • Lease renewal
  • Damages
  • Counterclaim
  • Statutory tenancy
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Property law [2012] SCCA 19

Marie Hunt v Jane Hunt (SCA 7 of 2010)

Marie Hunt v Jane Hunt (SCA 7 of 2010) [2012] SCCA 19 (31 August 2012)

The Court of Appeal dismissed a challenge to a lease assignment between mother and daughter, holding the document was ineffective as a land transfer but valid as an agreement for lease.

  • Assignment of lease
  • Fraud
  • Lesion
  • Statutory tenancy
  • Compliance with land registration act
  • Lease-assignment
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Landlord and tenant [2012] SCSC 18

Tic Tac Shop v Srinivas Complex

Tic Tac Shop v Srinivas Complex (Civil Appeal No: 20 of 2010) [2012] SCSC 18 (24 May 2012)

The Supreme Court of Seychelles dismissed an appeal against the Rent Board, upholding eviction and rent arrears orders in a landlord-tenant dispute.

  • Eviction
  • Arrears of rent
  • Statutory tenancy
  • Lease termination
  • Repair obligations
  • Rent-control
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Civil procedure [2012] SCSC 22

K. Shannougasundaran v Jean Low

K. Shannougasundaran v Jean Low (Civil Side No: 16 of 2010) [2012] SCSC 22 (18 May 2012)

The Supreme Court of Seychelles allowed an amendment to a plaint, holding it did not change the character of the suit and was needed to resolve the real dispute.

  • Amendment of pleadings
  • Injunctions
  • Statutory tenancy
  • Contempt of court
  • Amendment-of-pleadings
  • Civil-procedure
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Landlord and tenant law [2009] SCSC 2

Chetty v Pillay (18 of 2008)

Chetty v Pillay (18 of 2008) [2009] SCSC 2 (27 October 2009)

The Supreme Court of Seychelles dismissed an appeal against a Rent Board eviction order, holding that unpaid rent and expiry of the tenancy justified ejectment under the Control of Rent and Tenancy Agreements Act.

  • Statutory tenancy
  • Non-payment of rent
  • Ejectment
  • Rent arrears
  • Landlord-and-tenant-law
  • Statutory-tenancy
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Land law [2009] SCSC 146

Under Water Centre (Pty) v Beau Vallon Properties (CA 18/2008)

Under Water Centre (Pty) v Beau Vallon Properties (CA 18/2008) [2009] SCSC 146 (2 March 2009)

Court of Appeal allowed a tenant’s appeal from a Rent Board ejectment order, holding the lessor’s asserted need was for a third-party project and hardship was misapplied.

  • Statutory tenancy
  • Ejectment
  • Hardship balance
  • Reasonable requirement
  • Burden of proof
  • Statutory-tenancy
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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.