Civil Procedure

O'Nivo Construction (Pty) Ltd and Anor V Bijoux and Anor (SCA 08/2019 (Appeal from CS 101/2017)) [2021] SCCA 35 (13 August 2021);

search_summary: 

Delict/tort-nuisance – proving of nuisance by sound, smell and dust.Once nuisance is proved, it is no defence that the defendant was unaware that their actions caused damage to the plaintiff.

A party cannot seek relief outside their pleadings

IN THE COURT OF APPEAL OF SEYCHELLES

 

Khudabin v Porice & Anor (SCA 68/2018 (Appeal from CS 2/2017) [2018] SCSC 976) [2021] SCCA 34 (13 August 2021);

search_summary: 

Appeal against the decision of Supreme Court granting a droit de superficie to respondents – in course of appeal it emerged that one of the respondents had passed away before the case in court a quo had been completed –case has to be sent back for appreciation of that fact by the court.

IN THE SEYCHELLES COURT OF APPEAL

DF Project Properties (Pty) Ltd v Fregate Island Pvt Limited (SCA 56/2018 and SCA 63/2018 Appeal from CC 29/2014) [2021] SCCA 28 (21 July 2021);

search_summary: 

enforcement of foreign judgment, section 227 of the Seychelles Code of Civil Procedure, conditions to be fulfilled for enforcement of foreign judgment

IN THE SEYCHELLES COURT OF APPEAL

Pages