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Seychelles Case Law

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Criminal law [2024] SCSC 94

Prea v Family Tribunal (CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020)))

Prea v Family Tribunal (CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))) [2024] SCSC 94 (27 March 2024)

Court
Supreme Court
Case number
CA 17 of 2020 (Appeal from MA 277 of 2020 (Arising in FV 179 of 2020))

The Family Tribunal failed to follow due process by not framing a formal charge, not informing the appellant of the nature of the offence, and not providing adequate opportunity for defence or legal representation. The summary procedure was not justified in the circumstances, and the conviction was unsafe.

Source excerpt

  • Contempt of court
  • Right to fair hearing
  • Summary procedure
  • Children act
  • Natural justice
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Civil procedure [2022] SCSC 1057

Cash Plus (Pty) Ltd v Ruju Paunikar trading as the Standard Traders (CS 42/2021)

Cash Plus (Pty) Ltd v Ruju Paunikar trading as the Standard Traders (CS 42/2021) [2022] SCSC 1057 (24 January 2022)

Court
Supreme Court
Case number
CS 42/2021

The Supreme Court of Seychelles held that section 295 of the Civil Procedure Code is optional, not mandatory, and dismissed pleas challenging the plaint.

  • Bills of exchange
  • Promissory notes
  • Summary procedure
  • Limitation periods
  • Civil-procedure
  • Bills-of-exchange
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Civil procedure [2017] SCSC 877

P. S. Enterprises (Pty) Ltd v Pillay (MC 53/2016)

P. S. Enterprises (Pty) Ltd v Pillay (MC 53/2016) [2017] SCSC 877 (8 June 2017)

Court
Supreme Court
Case number
MC 53/2016

The defendant's application for leave to appear and defend was filed outside the statutory twelve-day period and did not disclose any legal or equitable defence; therefore, leave was refused and judgment was entered for the plaintiff as per section 295 of the Code.

Source excerpt

  • Summary procedure
  • Bills of exchange
  • Promissory notes
  • Special writs
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Property law [2013] SCSC 44

Government of Seychelles vs Albert

Government of Seychelles vs Albert (Civil Side No: 1 of 2012) [2013] SCSC 44 (3 April 2013)

Court
Supreme Court
Case number
Civil Side No: 1 of 2012

The Supreme Court of Seychelles refused to issue a writ habere facias possessionem, finding the respondent had raised a bona fide defence and the applicant had an alternate remedy.

  • Writ habere facias possessionem
  • Summary procedure
  • Possession
  • Trespass
  • Estoppel
  • Writ-habere-facias-possessionem
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Criminal law [2012] SCCA 13

Serret v Attorney-general (SCA 9 of 2011)

Serret v Attorney-general (SCA 9 of 2011) [2012] SCCA 13 (31 August 2012)

Court
Court of Appeal
Case number
SCA 9 of 2011

The Court of Appeal allowed a contempt appeal, holding that the trial judge failed to follow fair procedures and natural justice before summarily imprisoning the appellant.

  • Contempt of court
  • Fair hearing
  • Natural justice
  • Summary procedure
  • Contempt-of-court
  • Fair-hearing
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Company law [2007] SCSC 17

Cultreri v Eible and Another (361 of 1999)

Cultreri v Eible and Another (361 of 1999) [2007] SCSC 17 (3 December 2007)

Court
Supreme Court
Case number
361 of 1999

The Supreme Court of Seychelles held that company directors were not personally liable on cheques signed for the company, and dismissed the claim with costs.

  • Corporate veil
  • Director liability
  • Bills of exchange
  • Summary procedure
  • Corporate-veil
  • Director-liability
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Property law [2007] SCSC 30

Barbe and other v Anamole and others (8 of 2007) (8 of 2007)

Barbe and other v Anamole and others (8 of 2007) (8 of 2007) [2007] SCSC 30 (27 June 2007)

Court
Supreme Court
Case number
8 of 2007

The Supreme Court of Seychelles refused a writ of habere facias possessionem because ownership to the property was disputed and related title challenges were pending.

  • Writ of habere facias possessionem
  • Eviction
  • Ownership dispute
  • Summary procedure
  • Habere-facias-possessionem
  • Property-title-dispute
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Land law [2007] SCSC 126

Hodoul v Kannu's Shopping Centre (CS 293/2006)

Hodoul v Kannu's Shopping Centre (CS 293/2006) [2007] SCSC 126 (23 February 2007)

Court
Supreme Court
Case number
CS 293/2006

The Supreme Court refused an owner’s application for a writ of habere facias possessionem, finding the tenant raised a bona fide defence and that trial was needed.

  • Writ of habere facias possessionem
  • Statutory tenancy
  • Implied repeal
  • Lease termination
  • Summary procedure
  • Habere-facias-possessionem
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Commercial law [2000] SCSC 5

Alisop v Payet (CS 256/1998)

Alisop v Payet (CS 256/1998) [2000] SCSC 5 (24 May 2000)

Court
Supreme Court
Case number
CS 256/1998

The court dismissed most of the plaintiff’s claim on a cheque, finding cash payment was proved on balance. The defendant still had to pay the admitted R6,000 plus interest.

  • Bills of exchange
  • Cheques
  • Proof of payment
  • Summary procedure
  • Bills-of-exchange
  • Proof-of-payment
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.