Conflict of laws - Applicable law for determination of validity of foreign Will and dispositions made thereunder - Law applicable to transfer of shares in IBC incorporated in Seychelles under IBC Act.

Promise of Sale - specific performance or order for damages
 

Donation Deguisee

Construction partly built on adjoining property; encroachment; application of Article 545 of the Civil Code;

The belief evidence of Mr. Hein Prinsloo can be accepted as it is supported by the evidence by affidavit of Sergeant Malvina and Sergeant Jean and the attached photographs on which grounds his belief evidence is based. In this instant case there exists more than
prima facie evidence and I am satisfied that the Applicant has established on a balance of probability that the property constitutes benefit from criminal conduct and its value is over SCR 50,000.00. The Respondent has failed to give any credible explanation as to the origin
of such an amount of cash and the explanation given by him for reasons contained herein are rejected. He has failed on a balance of probability to establish that the specified property is not from proceeds of crime.

Prescription – article 2272 of Civil Code – whether learned Magistrate erred in determining amount of outstanding debt

Rescission of 60-year lease – bad faith –fairness - damages