Constitutional Law

NSJ Construction (Pty) Ltd and Anor V F.B Choppy (Pty) LTD (SCA 16/2019 (Appeal from CS 27/2010 & 29/2010)) [2021] SCCA 53 (07 September 2021);

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Contract-Breach of construction contract-Public Policy. Where a contract is not ex facie illegal and one party’s conduct violates public policy, the innocent party can claim under the contract       

IN THE COURT OF APPEAL OF SEYCHELLES

 

Airtel (Seychelles) Ltd v Review Panel of the National Tender Board & Anor (SCA 70/2018 (Appeal from CS MC 43/2018)) [2021] SCCA 36 (13 August 2021);

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Application for leave to bring judicial review proceedings – the test whether applicant has sufficient interest and whether matter is arguable – held matter arguable.

IN THE COURT OF APPEAL OF SEYCHELLES

 

Vijay Construction (Proprietary) Limited v Eastern European Engineering Limited and Anor (SCA CL 07/2020 (Appeal from CP 10/2020) [2021] SCCA 30 (13 August 2021);

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Right to a hearing- a litigant is entitled to be heard on an issue which would have a bearing on his rights.

IN THE COURT OF APPEAL OF SEYCHELLES

 

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);

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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

Bacco & Anor v Bacco (SCA 46/2018 Arising in CS 72/2018) SCSC 700) [2021] SCCA 25 (09 July 2021);

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Appeal against the decision of Supreme Court ordering First Appellant from using the name of Respondent - jurisdiction of Supreme Court of Seychelles to disavow paternity and rectify registration of the name in the Civil Register of Madagascar - rights of minor under the Constitution of Seychelles

IN THE SEYCHELLES COURT OF APPEAL

Parcou v Laporte & Anor (CP 07/2020) [2021] SCCC 2 (27 April 2021);

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Objections upheld: the first objection - petition filed out of time without any application requesting leave to file the petition out of time: the court is not empowered to grant leave where none has been sought: the second objectionconstitutional law: procedure after a request for a referral under Article 46(7) has been refused by the Supreme Court: petitioner may not have recourse to direct access in terms of Article 46( 1),petitioner either has to appeal refusal to refer if refusal was on merits or request another referral if refusal was only on form: petition dismissed for failure by petitioner to follow appropriate route of appeal or fresh request for referral.

Housing Finance Company Limited v Santache (SCA 61/2018 (Appeal from CS 19/2018)) [2021] SCCA 13 (13 May 2021);

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Disposal of proceedings without trial – Appellant absent when case called on – Practice Directions No. 3 of 2017 and Form CV1 – Judgment in default of defence – Application to vacate judgment in default of defence – Practice Directions No. 3 of 2017 and Form CV1, including any other ″Form″ approved by the Chief Justice for the Practice Directions No. 3 of 2017 declared illegal: Meme v The Land Registrar & Anor (SCA 53/2018) [2021] SCCA 15 – Appeal allowed – Supreme Court orders are null and quashed in their entirety. No order as to costs.

IN THE COURT OF APPEAL OF SEYCHELLES

 

Chetty v Esther (SCCA 44/2020 (Appeal from MA No. 156/2020 and MC No. 69/2020)) [2021] SCCA 12 (13 May 2021);

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Court of Appeal of Seychelles – Seychelles Court of Appeal Rules, 2005, (S. I. 13 of 2005) as amended – Notice of grounds of appeal – Rule 18 – Vague grounds of appeal – Notice of appeal not sufficient notice of the grounds of appeal – Court of Appeal of Seychelles strikes out notice of appeal by its motion – Appeal dismissed in its entirety – No order as to costs

 

IN THE COURT OF APPEAL OF SEYCHELLES

 

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