Seychelles Case Law

Nandrandraina Falisoa Rakotoasimbola & Filip; Rahajarivokinelina (a minor)(represented by her mother and guardian) v Ivan Jules Francois Sinon ((SCA 09/2025) Arising in

Nandrandraina Falisoa Rakotoasimbola & Filip; Rahajarivokinelina (a minor)(represented by her mother and guardian) v Ivan Jules Francois Sinon ((SCA 09/2025) Arising in [2021] SCA CS 94 of 2021) [2025] SCCA 19 (18 August 2025)

Court

Court of Appeal

Case number

(SCA 09/2025) Arising in [2021] SCA CS 94 of 2021

Court of Appeal held a motorist liable after applying Article 1388 strict liability, finding the defence and pleadings insufficient to rebut fault.

• Strict liability
• Motor vehicle accidents
• Burden of proof
• Contributory negligence
• Admissibility of criminal convictions
• Pleadings

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R v DYC (CO 81 of 2023)

R v DYC (CO 81 of 2023) [2025] SCSC 130 (24 April 2025)

Court

Supreme Court

Case number

CO 81 of 2023

The Supreme Court of Seychelles convicted the accused of sexual assault against a 13-year-old complainant, finding penetrative intercourse proved beyond reasonable doubt.

• Sexual offences
• Sexual assault
• Strict liability
• Consent
• Burden of proof
• Sexual-assault

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Rakotoasimbola & Or v Sinon (CS 94 of 2021)

Rakotoasimbola & Or v Sinon (CS 94 of 2021) [2025] SCSC 39 (3 March 2025)

Court

Supreme Court

Case number

CS 94 of 2021

The Supreme Court of Seychelles dismissed a fatal road accident delict claim, holding that the driver rebutted strict liability by proving the deceased was solely at fault.

• Delict
• Strict liability
• Road traffic accident
• Burden of proof
• Pleadings
• Strict-liability

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R v MD N A & Anor (CO 26 of 2023)

R v MD N A & Anor (CO 26 of 2023) [2025] SCSC 36 (24 February 2025)

Court

Supreme Court

Case number

CO 26 of 2023

The prosecution has adduced sufficient evidence on all counts except for the aspect of Count 9 relating to age, establishing a prima facie case against both accused. The evidence, if left unchallenged, could lead to a conviction, and is not manifestly unreliable or discredited. Therefore, both accused are put to their defence.

Source excerpt

• Submission of no case to answer
• Child trafficking
• Sexual assault
• Indecent assault
• Burden of proof
• Consent

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Berjaya Beauvallon Bay Beach Resort Limited v Savy & Anor (CS 108 of 2014)

Berjaya Beauvallon Bay Beach Resort Limited v Savy & Anor (CS 108 of 2014) [2023] SCSC 60 (30 January 2023)

Court

Supreme Court

Case number

CS 108 of 2014

The 1st defendant, by operation of vehicle S15555, is presumed at fault under Article 1383(2) and failed to rebut this presumption. The plaintiff, having only been compensated by its own insurer and not by the wrongdoer or their insurer, is entitled to claim against the 1st defendant under the doctrine of cumul d’indemnités. The 2nd defendant is not found liable. The plaintiff is awarded SCR 772,805 plus interest and costs against the 1st defendant only.

Source excerpt

• Delictual liability
• Vehicle collision
• Subrogation
• Double recovery
• Strict liability
• Negligence

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Gabriel v Vidot (CS 83 of 2022)

Gabriel v Vidot (CS 83 of 2022) [2023] SCSC 44 (27 January 2023)

Court

Supreme Court

Case number

CS 83 of 2022

The defendant, having failed to appear and present a defence, did not rebut the presumption of fault under Article 1383(2). The plaintiff's uncontroverted evidence established that the defendant's fault caused the accident and resulting injuries. However, the plaintiff failed to prove material and moral damages with sufficient evidence, and only partial damages for corporal injury were awarded.

Source excerpt

• Delict
• Strict liability
• Road traffic accident
• Damages
• Burden of proof

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R v Ikando Entertainment (Pty) Ltd (CR 96/2019)

R v Ikando Entertainment (Pty) Ltd (CR 96/2019) [2021] SCSC 972 (30 July 2021)

Court

Supreme Court

Case number

CR 96/2019

The Supreme Court of Seychelles convicted Ikando Entertainment (Pty) Ltd for issuing a cheque without sufficient provision, holding the offence under section 299A(1) is one of strict liability.

• Issuance of cheque without provision
• Strict liability
• Mens rea
• Procedural requirements for prosecution
• Cheque-without-provision
• Strict-liability

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Civil Construction Company Limited v Leon & Ors (SCA 36 of 2016)

Civil Construction Company Limited v Leon & Ors (SCA 36 of 2016) [2018] SCCA 33 (13 December 2018)

Court

Court of Appeal

Case number

SCA 36 of 2016

Court of Appeal held the respondents failed to prove liability or proper standing for the minors, and set aside the trial court’s damages award.

• Vicarious liability
• Strict liability
• Assessment of damages
• Standing of minors
• Pleadings
• Causation

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Port-Louis & Ano v Confait & Ano (CS 06/2016)

Port-Louis & Ano v Confait & Ano (CS 06/2016) [2018] SCSC 8287 (14 October 2018)

Court

Supreme Court

Case number

CS 06/2016

The Supreme Court of Seychelles held landlords liable for collapse of a retaining wall during heavy rain, finding poor maintenance and drainage caused the damage.

• Delictual liability
• Neighbour disputes
• Force majeure
• Strict liability
• Damage assessment
• Delictual-liability

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Morel v Simeon (CS 57/2012)

Morel v Simeon (CS 57/2012) [2018] SCSC 8071 (11 February 2018)

Court

Supreme Court

Case number

CS 57/2012

The Defendant was liable for the collision as he was in the path of the Plaintiff's motorbike and failed to rebut the presumption of strict liability under Article 1383(2) of the Civil Code. There was insufficient evidence to prove the Plaintiff's contributory negligence or that the Defendant was overtaking another vehicle. The Plaintiff is entitled to damages for personal injury, moral damage, and the cost of the medical report.

Source excerpt

• Road traffic accident
• Strict liability
• Damages
• Contributory negligence

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