Constitutional Court

The Petitioner’s affidavit is inadmissible in Seychelles Courts. An affidavit from a State that is not a party to the Convention Abolishing the requirements of Legislation for Foreign Public Documents, otherwise known as the “Apostille Convention” will only be admissible in Seychelles, if it is authenticated in terms of section 28 of the Evidence Act. The law of Evidence in England is not applicable in Seychelles since the Evidence Act in place in Seychelles governs the admissibility of foreign affidavits and how these should be authenticated.

Objections upheld: the first objection - petition filed out of time without any application requesting leave to file the petition out of time: the court is not empowered to grant leave where none has been sought: the second objectionconstitutional law: procedure after a request for a referral under Article 46(7) has been refused by the Supreme Court: petitioner may not have recourse to direct access in terms of Article 46( 1),petitioner either has to appeal refusal to refer if refusal was on merits or request another referral if refusal was only on form: petition dismissed for failure by petitioner to follow appropriate route of appeal or fresh request for referral.

Compulsory acquisition of land – Part III of Schedule 7 to the Constitution