Civil Procedure

Poiret & Anor v Seychelles Pension Fund & Anor (CS 15/2018) [2020] SCSC 66 (30 January 2020);

 GOVINDEN J [1]            The pleadings[2]            The 1st and 2nd Plaintiffs has filed a  Plaint in which they averred that they are the widow and the daughter of the late Antoine Ralph Danny Poiret, respectively, also referred to hereinafter as “the deceased”. The 1st Defendant is a body corporate established under the provisions of the Seychelles Pension Fund Act 2005, hereinafter also referred to as “the Act”. Its objective being to collect and distribute voluntary pension contributions to its members and dependant

Beau Vallon Properties Limited v Philippe Cointy (MA 307/2019) [2020] SCSC 61 (22 January 2020);

 

DODIN J

[1]       The Applicant is appealing the judgment of this Court delivered on 16th July 2018 which dismissed the Applicant’s appeal from a judgment of the Employment Tribunal delivered on 24th October, 2017. The grounds of appeal before the Court of Appeal are :

i.          “The learned judge erred in law on the evidence in awarding compensation to the Respondent;

ii.         The learned judge erred in law in failing to consider the reasonable excuse given by the Appellant for non-appearance of lawyer;

NSJ Construction (Pty) Ltd & Anor v F.B. Choppy (Pty) Ltd (MA 191/2019 (arising in CS 29/2010)) [2020] SCSC 50 (19 January 2020);

IN THE SUPREME COURT OF SEYCHELLES Reportable [2020] SCSC 50MA 191/2019(Arising in CS29/2010)  :NSJ CONSTRUCTION (PTY) LTD                                   1st Applicant(rep. by Frank Elizabeth) GREGOIRE PAYET                                                            2nd Applicant(rep by Frank Elizabeth) andF.B CHOPPY (PTY) LTD                                                   Respondent(rep. by Elvis Chetty)  Neutral Citation:  NSJ Construction (Pty) v Anor.v FB Choppy (Pty) Ltd.

European Engineering Ltd v SJ (MA 101/2019) [2019] SCSC 641 (29 July 2019);

search_summary: 

International arbitration: Stay of proceedings on grounds of arbitration clause in contract- arbitration awards from ICCIA non enforceable in Seychelles – futility of arbitration- articles 113, 147, 150 of the Commercial Code, Section 227 of the Seychelles Code Civil Procedure - jurisdiction of Seychelles Supreme Court in default.

TWOMEY CJ

The subject matter of this application

[1]            The Applicant is sued by the Respondent in a Plaint filed on 28 January 2019 for a breach of contract and for which the Respondent claims damages.

[2]            The Applicant has now applied to this Court for a stay of proceedings on the grounds that the contract in issue contains an arbitration clause, namely 20.2 which states: 

Elmasry & Anor v Hua Sun (MA 195/2019 (Arising in CC13/2014)) [2019] SCSC 962 (08 November 2019);

TWOMEY CJ

[1]        This is an application for a stay of execution of a decision delivered on 29 May 2019 in which the Applicants were ordered by Robinson J to jointly pay the Respondent the sum of US$ 660,428 with interest and moral damage of SR 100,000 with interest and the costs of the suit for a breach of contract.

Pages