MAURITIUS Law and Practice Contributed by: Roobesh Ramanjooloo, Pritesh Ramsaha and Ingrid Lecordier-Marie Joseph, Juristconsult Chambers
Consent Judgments and Settlements A Judge sitting in Chambers, or the court, may record a settlement reached between the parties and formal - ise it in a judgment of the court, thereby rendering the agreement enforceable as a court judgment. 2.2 Enforcement of Domestic Judgments Seizure and Sale of Immovable and Movable Property Immovable property The seizure of immovable property must be preceded by a notice served personally on the judgment debtor, at least ten days beforehand. The notice must state that, on failure to satisfy the debt, the immovable property will be seized. Once the writ of execution has been issued, the usher proceeds to seize the property, and the subsequent procedure is governed by the Sale of Immovable Property Act 1864. Applications relating to the sale are heard before the Master and Registrar of the Supreme Court, irrespective of the value of the property, and notice must be given to the debtor and to any interested creditors. The immovable property is ultimately sold by public auction before the Master and Registrar of the Supreme Court of Mauritius. Movable property Where judgment is delivered by the Supreme Court, the successful party may apply to the Master and Registrar for a writ of execution. The Master and Reg - istrar issues a warrant of execution against the mov - able and/or immovable property under the seal of the court, which is then executed by an usher. Where a money judgment of the District Court or the Intermediate Court remains unpaid, the successful party may apply for a warrant of execution against the judgment debtor’s movable property. Once the warrant has been issued under the seal of the court, the usher is authorised to seize and sell all movable property, except that which is exempt by law (such as pensions, alimony, personal belongings and items required for the debtor’s work). The Magistrate may issue a writ of execution against the debtor’s immov - able property where the proceeds of the movable property prove insufficient; movable property must, however, be seized before recourse may be had to immovable property.
• Judgment in Default – delivered when the defend - ant fails to appear or defend the case, allowing the claimant to prove its claim in the defendant’s absence; • Contradictory Judgment – rendered after both par - ties have been heard and their arguments consid - ered; • Interlocutory Judgment – issued at an intermediate stage of proceedings, often following submissions on particulars or on a preliminary point of law (plea in limine litis); • Declaratory Judgment – determines and clarifies the rights, status or legal position of the parties without necessarily granting any specific remedy; and • Winding-Up Order – made in proceedings relating to the liquidation or dissolution of a company. Judgments of the Lower Courts Magistrates sitting in the District Courts or Intermedi - ate Court may deliver: • Judgments in Default, where a party succeeds by reason of the opposing party’s failure to appear or to contest the matter; • Contradictory Judgments, following a hearing in which both parties are represented and heard; and • Declaratory Judgments, which formally determine the rights or legal status of the parties. Orders Issued by a Judge Sitting in Chambers When exercising jurisdiction in Chambers, a Judge may grant a range of interim and procedural remedies, including: • Interim Injunctions – temporary orders directed at preserving the status quo pending the determina - tion of the case; • Interlocutory Orders – orders made in the course of proceedings to regulate or facilitate the conduct of the case; • Attachment Orders – orders directing the seizure or preservation of property in specified circum - stances; and • Writ of Habere Facias Possessionem – an order authorising the eviction of unlawful occupiers and restoring possession to the party lawfully entitled to it.
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