MAURITIUS Law and Practice Contributed by: Roobesh Ramanjooloo, Pritesh Ramsaha and Ingrid Lecordier-Marie Joseph, Juristconsult Chambers
assets provisionally attached. Where there is a genu - ine risk of dissipation, the creditor may also seek a freezing order, which can be obtained rapidly given
A defendant may also challenge enforcement by appealing against the judgment within 21 days of the date on which it is delivered. Once an appeal is lodged, enforcement of the judgment is stayed pend - ing its determination. A defendant may, alternatively, apply for a new trial. To succeed, the applicant must show that: • fraud, violence or an error has occurred; • new evidence has emerged that was unavailable or unknown at the time of the hearing; or • a new trial is otherwise required in the interests of justice. Such an application must be accompanied by a request for a stay of execution of the judgment. In proceedings before the lower courts, an applica - tion for a new trial must be made within 15 days of the judgment if both parties were present when it was delivered. Where judgment was entered in default, the application must be made within 15 days of the exe - cution of the judgment. 2.6 Unenforceable Domestic Judgments All judgments are capable of being enforced, but the period within which enforcement proceedings must be commenced varies according to both the nature of the judgment and the court that delivered it. A judgment obtained in the debtor’s absence remains enforceable only for six months from the date it is given. For judg - ments delivered after a contested hearing, the position turns on the court: judgments of the District and Inter - mediate Courts may be enforced within three years of delivery, while those of the Supreme Court may be enforced within ten years. 2.7 Register of Domestic Judgments Judgments are available on the website of the Supreme Court of Mauritius. However, some judg - ments may not be reported or published.
the urgency inherent in that type of relief. 2.4 Post-Judgment Procedures for Determining Defendants’ Assets
The Judge in Chambers may grant asset disclosure orders requiring a debtor to disclose details of assets located in Mauritius or abroad; non-compliance may amount to contempt of court. The court may also issue Norwich Pharmacal orders compelling third par - ties, such as banks or other intermediaries, to provide information relevant to the identification and tracing of assets. In appropriate cases, freezing orders (Mareva injunctions) and Anton Piller orders may also assist in preserving assets and obtaining evidence relating to their location. In addition, asset-related information may be obtained through public searches. Searches at the Office of the Conservator of Mortgages can reveal immovable prop - erty owned by a debtor and any mortgages, charges or encumbrances affecting it. Company records held by the Registrar of Companies may also be inspected and can provide information on shareholdings, direc - tors, officers, registered offices and other corporate details relevant to asset investigations. See 1.1 Options to Identify Another Party’s Asset Position for more details. 2.5 Challenging Enforcement of Domestic Judgments A debtor may oppose winding-up proceedings on the ground that the applicable enforcement procedures have not been properly followed. Similarly, in attach - ment proceedings, enforcement may be challenged on the basis that the prescribed procedural time limits have not been observed. In cases involving the seizure and sale of immovable property, the debtor may file an incidental application to contest the enforcement process. Such an applica - tion, which may rest on any valid ground, is brought by way of petition and served on the parties’ attorneys.
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