Civil Procedure

Monthy v Payet (SCA 17/2019 (Appeal from CS 56/2017)) [2021] SCCA 55 (10 September 2021);

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Simple loan - admissions contained in recorded WhatsApp conversations - an extra-judicial admission against a party must be pleaded - the role of an appellate court in an appeal against findings of fact by a trial court - unjust enrichment – an alternative remedy in contract - Appeal partly succeeds with costs in favour of the respondent

IN THE COURT OF APPEAL OF SEYCHELLES

 

Hill View Resorts (Seycheles) Limited v Intendance Dance Retreat Limited (MA 7/2021, MA 10/2021, MA 15/2021) [2021] SCSC 298 (09 June 2021);

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Special leave to apeal - stay of execution - contempt - proper attestation of affidavit and matters that a depoent may aver in an affidavit - sections 121, 122, 125 and 170 of the Seychelles Code of Civil Procedure

The Executor of the Estate of Edouard Couchene V Baker (SCA 11/2019 (Appeal from CS 57/2016)) [2021] SCCA 47 (13 August 2021);

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Role of an appellate court in an appeal against findings of facts by a trial court - order for payment of double the costs of the action quashed - Appeal partly succeeds - With costs

 

IN THE COURT OF APPEAL OF SEYCHELLES

Aglae V Robert (SCA 74/2018 (Appeal from CS 41/2018)) [2021] SCCA 48 (13 August 2021);

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Creation of easements - Discontinuous easements - Right of way - Document of title - Road acess - Sections 3, 28 and 52(3) of the Land Registration Act - Land Registration Act has primacy over the manner and form of creating easements - Mondon & Ors v Weller & Anor [2016] SCSC 451 omitted to consider imperative provisions of the Land Registration Act - An easement is a registrable right and is required to be created in a specific form in accordance with the Land Registration Act - Appeal allowed - With costs to the respondent

IN THE COURT OF APPEAL OF SEYCHELLES

 

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