In the Supreme Court:   Judge Dodin dismisses USAIM’s petition for temporary injunction on sale or transfer of land parcel V5150   |19 August 2021

The Supreme Court yesterday dismissed a petition brought by the University of Seychelles American Institute of Medicine against the government which was asking for a temporary injunction on the sale or transfer of land parcel V5150.

The parcel of land is located at Plaisance opposite the playing field, just before the roundabout leading to Roche Caïman and La Louise.

The case dates back to over 10 years ago, starting from November 2010 onwards, when the government took steps to terminate the lease of agreement with the University of Seychelles American Institute of Medicine after the private medical university failed to develop the land as per the lease agreement.

Parcel V5150 had been leased to the Institute of Medicine for 75 years for the construction of a private university campus in 2000.

The petition, brought before Justice Gustave Dodin, was asking the court to place a temporary order of injunction to compel the government not to take possession of the V5150 nor to develop, transfer, lease or sub lease the parcel.

It was also asking for a similar injunction on the Registrar of Lands not to register any transfer with respect to the land parcel.

In his ruling, Justice Dodin determined that since the petitioner failed to develop the land as a campus during the delay provided by the lease and is no longer operating in Seychelles ‒ with all personnel moved overseas ‒ that it would be a greater injustice to grant the petition than to deny it.

With the university’s petition for injunction denied, the parties involved in the matter still have to trudge on with the main case which will determine the legal validity of the government prematurely cancelling the lease before the 70-odd year lease agreement had expired.

This litigation will also determine the order of costs ‒ whether or not compensations are to be paid, to what amount and to which party.

The university is claiming a sum of R24 million as compensation for the remaining 62 years of leasehold while the government has until now only been willing to refund the university the full sum of US $47,399.05 (over R600,000 as per current foreign exchange rates) which the university had paid up until November 2010 as part of the lease agreement.

Meanwhile, a 42-year-old man was charged with murder in regards to the death of his partner, 53-year-old Sylvana Jeanne, whose body was found in a river near her home at St Joseph, Grand Anse Praslin

The accused, who has filed for legal aid, will remain in police custody until September 1, 2021, the day he will reappear before court.

Elsie Pointe