59 result(s)
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1.Summary: Dingake JA - Adjustment property orders after divorce, section 20(1)(g) of the Matrimonial Causes Act, abolishing of community in property, jointly owned matrimonial property, property owned solely by...
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2.Summary: Encroachment and illegal constructions - Acquisitive prescription - Counterclaim - Section 80 Seychelles Code of Civil Procedure. Appeal dismissed. Second Appellant to bear the costs of the appeal
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3.Summary: grounds of appeal in breach of Rule 18(7) of the Seychelles Court of Appeal Rules – vague and general grounds of appeal tantamount to no grounds of appeal
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4.Summary: Appeal against sentence
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5.Summary: Compulsory acquisition of land – remedies under Part III of Schedule 7 to the Constitution; calculation of deductions- locus standi
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6.
Harini & Company Proprietary Limited v Barjrang Builders Proprietary Limited - [2021] SCCA 81 - 2021-12-17
Court of AppealSummary: Contract - Breach of Building Lease Agreement - Damages - Proof of damages - Defective pleadings. Appeal is dismissed - Cross-appeal is dismissed - No order as to costs.
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7.Summary: Breach of Contract
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8.Summary: Dingake JA – Judgment by consent, interpretation of the clause, intention of the parties, contribution payments toward rent for the child Fernando P – Appeal against Rul...
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9.Summary: Appeal from a conviction of sexual assault
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10.Summary: Breach of a building contract - damages - proof of loss
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11.Summary: Rescission of 60-year lease – bad faith –fairness - damages
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12.Summary: Appeal against the decision of Supreme Court, which granted a right of way to respondent – enclaved land- existing secondary road- qualifications regarding usage of existing secondary road
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13.Summary: Quantum of damages, evidence and burden of proof in relation to damages and quantum
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14.Summary: Faute – liability under Article 1382 distinguished from Article 1384- failure of pleadings to allege specific liability – decision ex facie pleadings and trial
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15.Summary: unjustified dismissal-proceedings of disciplinary investigation committee under Employment Act-computation of “employment benefits when employee who is unjustifiably terminated obtains alternative emp...
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16.Summary: Land ownership - acquisitive prescription - conditions to be satisfied to prove acquisitive prescription - meaning of peaceful, unequivocal, uninterrupted
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17.Summary: Simple loan - admissions contained in recorded WhatsApp conversations - an extra-judicial admission against a party must be pleaded - the role of an appellate court in an appeal against findings of fa...
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18.Summary: Contract-Breach of Building Contract
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19.
NSJ Construction (Pty) Ltd and Anor V F.B Choppy (Pty) LTD - [2021] SCCA 53 - 2021-09-07
Court of AppealSummary: 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
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20.Summary: The application is dismissed in its entirety
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21.Summary: Article 1382 and the acts of moral persons –liability under Article 1382 and 1384 – when court of appeal can interfere with award of lower court
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22.Summary: Creation of easements - Discontinuous easements - Right of way - Document of title - Road acess - Sections 3, 28 and 52(3) of the Land Registration Act - Land Registration Act has primacy over the man...
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23.
Airtel (Seychelles) Ltd v Review Panel of the National Tender Board & Anor - [2021] SCCA 36 - 2021-08-13
Court of AppealSummary: Application for leave to bring judicial review proceedings – the test whether applicant has sufficient interest and whether matter is arguable – held matter arguable.
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24.Summary: Appeal from a conviction for murder
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25.Summary: Appeal against the decision of Supreme Court dismissing an appeal from the Employment Tribunal on the grounds that Counsel had not filed arguments supporting the memorandum of appeal – Rule 20, Suprem...