MAURITIUS Law and Practice Contributed by: André Robert and Ammar Oozeer, BLC Robert & Associates
An appeal to the Court of Civil Appeal may lie (upon leave being granted) in cases where the decision of the judge is not final, in the following instances: • an appeal against an order as to costs only; • an appeal against an order made by consent of the parties; or • an appeal against an interlocutory judgment or order. An appeal to the Judicial Committee of the Privy Council lies as of right: • against final decisions in civil and criminal proceed- ings on questions of interpretation of the Constitu- tion; • against final decisions in civil cases where the mat- ter in dispute is at least MUR10,000, or the appeal involves a claim to or a question respecting prop- erty or a right to the value of MUR10,000 upwards; • against final decisions in constitutional relief cases; • against decisions of a bench of three designated judges in applications made under the International Arbitration Act or the Convention for the Recogni- tion and Enforcement of Foreign Arbitral Awards Act; or • in such other cases as may be prescribed by par- liament. In other cases, an appeal to the Judicial Committee of the Privy Council lies with leave of the court (either from the Supreme Court or, if the latter refuses leave, by special leave of the Judicial Committee of the Privy Council): • where, in the opinion of the court, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Judicial Committee of the Privy Council; • against final decisions in any civil proceedings; or • in such other cases as may be prescribed by par- liament. 10.3 Procedure for Taking an Appeal Appeal to the Court of Civil Appeal An appeal against a judgment of a judge of the Supreme Court must be lodged with the registry of
the court and served on the respondent(s) within 21 days of the date of the judgment appealed, unless the appellant can show good cause why it was not possible to comply with the 21-day period (in which case, a separate application for an extension of time must be made or a statute must provide otherwise). A respondent who wishes to resist an appeal must file a notice to this effect with the registry of the Supreme Court and serve such notice to resist appeal on the appellant no later than two months after being served with the appeal. An appeal before the Court of Civil Appeal will oper- ate as a stay of execution of proceedings under the judgment or order appealed against. Appeal to the Supreme Court Appeals against a judgment of a district court, inter- mediate court or industrial court must be notified to the clerk of that court within 21 days of the date of judg- ment. The magistrate will immediately bind the party giving such notice, together with one or more sureties, by recognisance in favour of the respondent(s). The appellant is given a fortnight from the day on which the recognisance has been provided to lodge the appeal with the registry of the Supreme Court and serve the notice of appeal on the respondent(s). In appeals before the Supreme Court in its appel- late jurisdiction, a stay is not automatic and must be sought from the appellate court. Appeal to the Judicial Committee of the Privy Council In relation to appeals to the Judicial Committee of the Privy Council (even in cases of appeal as of right), application for leave to appeal must first be made with the Supreme Court. Conditional leave is first applied for and if the conditions (mainly to provide security for costs and sending the reference to the Judicial Com- mittee of the Privy Council) are complied with, then final leave is applied for. Once final leave is obtained, the procedure before the Judicial Committee of the Privy Council can take place. Applications for conditional leave and final leave are made by way of motion or petition supported by affi- davit evidence; the motion or petition must be made
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