Seychelles Court of Appeal Clears Most 2025 Cases, Tightens Rules on Frivolous Appeals

The Seychelles Court of Appeal says it has significantly reduced its caseload in 2025, with most appeals filed during the year now resolved.

In closing remarks marking the end of the Court’s December 2025 session, the President of the Court of Appeal, Justice Anthony Francis T. Fernando, said the court had disposed of 15 of the 17 criminal appeals and 29 of the 37 civil appeals filed this year. One of two constitutional cases had also been concluded.

In total, the court delivered judgments in 45 appeal cases, alongside 14 miscellaneous civil and criminal applications.

Justice Fernando said 12 appeals remain pending and are scheduled to be heard during the April 2026 session. These include one application for review, one constitutional appeal, eight civil appeals and two criminal appeals. He noted that all were filed after 18 August 2025, with three lodged in the final three weeks of the year.

“This will indicate how serious this Court is concerned in keeping up to the constitutional commitment of ensuring a fair hearing within a reasonable time,” he said.

Justice Fernando reiterated his aim to dispose of appeals within four to six months of filing, despite the court sitting only three times a year. He said achieving this depended on cooperation from fellow judges, lawyers and court staff.

The provisional list of cases for the April 2026 session was circulated to lawyers and litigants on 12 December. Justice Fernando urged early notification of any intended withdrawals or consent judgments to avoid unnecessary preparation of appeal briefs, which he said placed a financial burden on the state.

During the December session, the court delivered judgments in 14 appeals. A further seven appeals had been withdrawn before the session began. While welcoming withdrawals, Justice Fernando said the court should be informed before briefs are prepared to prevent waste of time and resources.

He also addressed recent amendments to the Court of Appeal Rules. Statutory Instrument 94 of 2025, published on 1 December, introduces greater clarity to the rules and allows for electronic filing of written submissions. A second amendment, SI 98 of 2025, published on 9 December, empowers the court to award wasted costs against appellants, and where appropriate, their lawyers.

Justice Fernando said the new provisions would apply from mid-January 2026 and were designed to address appeals that amount to an abuse of process.

“The power shall be exercised only where there has been clear and substantial evidence of improper conduct,” he said, adding that decisions would be taken collectively by the panel of judges hearing a case.

He stressed that the measures were not intended to discourage legitimate or novel legal arguments, noting that the right to appeal is protected under the Constitution.

Justice Fernando also outlined the ethical duties of lawyers, saying they must not advance appeals that lack merit. “A lawyer’s duty to the court, the profession and the public interest ultimately outweighs their duty to their client in cases of conflict,” he said.

He added that frivolous or vexatious appeals delay finality for respondents, including victims in criminal cases and successful parties in civil matters.

Concluding his remarks, Justice Fernando thanked fellow judges, lawyers and court staff for their contribution during the session.

During the December 2025 session, the Court of Appeal had initially listed 21 appeal cases for hearing. Seven of those appeals were withdrawn before proceedings began. Of the remaining cases determined during the session, the court overturned or reversed three judgments, while the other 11 decisions were upheld.