MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
• that the subject matter of the case is res judicata, ie, raising the same cause of action between the same parties in a previously decided case; • a motion to strike out certain paragraphs of plead- ings on the grounds that they are unnecessary, made vexatiously or made with unnecessary prolix- ity; • a motion to strike out a pleading on the ground that it does not disclose a reasonable cause of action or defence; • a motion to dismiss a case on the ground that it constitutes an abuse of process of the court; and • a motion by one party to the case to be put out of cause on the ground that it is not a necessary and proper party to the case. 4.4 Requirements for Interested Parties to Join a Lawsuit If a non-party wishes to intervene in proceedings, they can apply to a judge and show cause that they have an interest in or are a necessary party to the case. A defendant to a case, before filing a defence to the plaintiff’s claim, may file a third-party procedure against a non-party requesting that the latter takes up its defence and indemnifies it. The third-party proce- dure can itself be a contested procedure. On application by one of the parties to an existing case, the master and registrar or the court have dis- cretion to order, at any time before the trial, that the name of a party that should not have been joined in the action, be struck out, and for a party that should have been added, to be joined as a party and served with the proceedings. 4.5 Applications for Security for Defendant’s Costs If the plaintiff is a foreign party, the case does not involve a commercial matter and the plaintiff does not own immovable property in Mauritius, the court will order the plaintiff to furnish security for costs as a matter of course. The defendant may support the amount claimed as security by way of evidence and the amount can be contested by the plaintiff – ulti- mately, the amount of security will be at the discretion of the trial judge who will balance the need to provide
security against the objective of not stifling a plaintiff to pursue its claim. In other cases, the court also retains discretion to order security for costs (whether the plaintiff is Mauri- tian or foreign, and whether the case involves a com- mercial matter), for example, if the plaintiff is shown to be impecunious. 4.6 Costs of Interim Applications/Motions A judge dealing with the costs of interim applications/ motions will usually order the costs to be the costs in the main proceedings. 4.7 Application/Motion Timeframe The usual timeframe to deal with a motion may vary from within a few days to approximately 12 months, depending on whether the motion is contested and requires evidence to be exchanged by way of affida- vits and submissions to be heard. A party may request that a motion be dealt with on an urgent basis and it will be within the discretion of the judge whether to accede to such request. The defendant or any other party to a case may apply for particulars of the plaint, and to inspect documents which the plaintiff intends to rely on in the case. Simi- larly, the plaintiff may apply for particulars of the plea or counterclaim and to inspect documents which the defendant or other party intends to adduce in evi- dence. In addition, in any cause or matter, the court may, on the application of either party or on its own motion, inspect a movable or immovable property or make a visit to the locus when such an inspection may be material to the proper determination of the question in dispute. 5.2 Discovery and Third Parties Some reported judgments have ordered a third party (ie, a non-party to disclose information (a Norwich Pharmacal order)) where: 5. Discovery 5.1 Discovery and Civil Cases
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