MAURITIUS Law and Practice Contributed by: Roobesh Ramanjooloo, Pritesh Ramsaha and Ingrid Lecordier-Marie Joseph, Juristconsult Chambers
Juristconsult Chambers Level 12 NeXTeracom Tower II
Ebene 72201 Mauritius Tel: +230 465 0020
Email: rramanjooloo@juristconsult.com Web: www.dlapiperafrica.com/mauritius
1. Identifying Assets in the Jurisdiction 1.1 Options to Identify Another Party’s Asset Position Mauritian law provides several avenues through which a party may ascertain the asset position of another party, whether by way of court-ordered disclosure or through searches of public records. Asset Disclosure Orders The Supreme Court has jurisdiction to make asset dis - closure orders, typically in conjunction with a freez - ing injunction. Under such an order, a party may be compelled to disclose details of all assets owned by it, whether situated in Mauritius or abroad. This power has been recognised in Appavoo v Buttie [2016] SCJ 118 and Barclays Bank Mauritius v Karamuth [2017] SCJ 313, among other cases. Non-compliance with a disclosure order amounts to contempt of court and may attract sanctions, includ - Following the decision of the Judicial Committee of the Privy Council in Stanford Asset Holdings v AfrA- sia Bank Ltd [2023] UKPC 35, it is now settled that the Supreme Court of Mauritius has equitable juris - diction to grant Norwich Pharmacal orders, whether as standalone relief or ancillary to a freezing order. Such orders compel third parties who have become involved in wrongdoing (banks or other intermediaries, for instance) to disclose information that may assist in identifying assets or tracing funds. ing a fine or imprisonment. Norwich Pharmacal Orders
Anton Piller Orders Although resorted to less frequently, the Supreme Court also has jurisdiction to grant Anton Piller (search and seizure) orders. These may assist in preserving and securing evidence that is relevant to the identifi - cation or tracing of assets. Publicly Available Information Certain asset-related information is publicly accessi - ble in Mauritius. Conservator of Mortgages Searches may be conducted at the Office of the Con - servator of Mortgages to identify immovable property owned by a debtor in Mauritius, together with any mortgages, charges or other encumbrances affecting that property. Registrar of Companies Company records maintained by the Registrar of Com - panies may be inspected upon payment of the pre - scribed fee (and, where required, with the Registrar’s permission). These records can reveal shareholding, registered office details, directors and officers, and corporate filings relevant to asset investigations. 2. Domestic Judgments 2.1 Types of Domestic Judgments Judgments of the Supreme Court A Judge of the Supreme Court may deliver several types of judgments, including:
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