Civil Procedure

Villemont v Dubignon & Anor (MA 313/2018 (arising in CS 24/2017)) [2020] SCSC 206 (26 March 2020);

TWOMEY CJ [1]       The parties entered into an agreement by consent on 24 January 2018 in which it was agreed that after valuation of Parcel V4105 the Plaintiff would be entitled to twenty-five percent of its value and to the movables in the house on the property. It was also a term of the judgment that thereafter the Respondents would buy the Plaintiff’s share in the property within a period of six months from the date of the valuation.

Fontaine v Amesbury (CA 16/2019 (arising in CS 3/2017)) [2020] SCSC 231 (02 April 2020);

PILLAY J [1]       The Appellant appeals against the order of the Learned Magistrate ordering him to pay SCR 5, 000.00 in costs to the Respondent before the next hearing date.[2]       The Appellant’s grounds of appeal are that:(1) Despite being informed in advance of the predicament of the Appellant’s Counsel the Learned Magistrate failed and refused to stand the matter down for 2 hours.(2) The Learned Magistrate erred in law when he gave no lawful reasons for postponing the case to July 2020 in view of the fat that the matter was set for 2 consecutive days.(3) The Magistr

Freminot v Pauline (MA 169/2019 (arising in DS159/2016)) [2020] SCSC 190 (10 March 2020);

CAROLUS J Background[1]       The Parties in this matter are divorced and the conditional order of divorce granted in the divorce proceedings was made absolute on 9th June 2017.[2]       The applicant has now filed an application for “division in kind of matrimonial property” which was filed on 21st May 2019. Counsel for the respondent at the time Mr.

Registrar of Companies v Camille (MA 358/2019 (arising in MC 80/2019)) [2020] SCSC 154 (25 February 2020);

PILLAY J [1]       The Petitioner moves the Court under section 115 of the Seychelles Code of Civil Procedure for the Third Respondent, being the Registrar of Companies and the Petitioner in the instant application, to be struck out as a party to the Petition filed by the Respondent in the instant case, Petitioner in the main case.[2]       The Application is supported by an affidavit wherein the Registrar of Companies, Wendy Pierre, deponed that there was no requirement for the third Respondent to be joined as a party to the Petition before the Court.[3]       She also dep

Lodge Café v Eden Island Retail (MA 190/2019) [2020] SCSC 98 (05 February 2020);

DODIN J

[1]            The Applicant has filed an appeal against the decision of the Rent Board ordering it to:

                                     i.                    Vacate the premises of the Respondent at Eden Plaza within six months;

                                   ii.                    Pay to the Respondent the sums of US$912,668.52 and SCR436,975.36 owed and continuing to be owed at the date of the order; and

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

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