MAURITIUS Law and Practice Contributed by: Roobesh Ramanjooloo, Pritesh Ramsaha and Ingrid Lecordier-Marie Joseph, Juristconsult Chambers
3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments The enforcement of foreign judgments in Mauritius is governed principally by the exequatur procedure under Article 546 of the Civil Procedure Code. Once a foreign judgment is granted exequatur by the Supreme Court of Mauritius, it may be enforced in the same manner as a Mauritian judgment. A foreign judgment may only be enforced by way of exequatur where it is final, valid and capable of execu - tion in the country where it was delivered. Exequatur is unavailable where the foreign judgment is subject to an appeal. In addition, the Reciprocal Enforcement of Judgments Act 1923 (REJA) provides a separate statutory regime for the enforcement of certain money judgments delivered by superior courts in the United Kingdom. However, in Dallah Albaraka ( Ireland ) Ltd v Pentasoft Technologies Ltd & Anor [2012] SCJ 463, the Supreme Court confirmed that a judgment creditor seeking to enforce a UK judgment may alternatively proceed by way of exequatur. Mauritius is not a party to any international conven - tion, treaty or arrangement concerning the recognition and enforcement of foreign judgments. 3.2 Variations in Approach to Enforcement of Foreign Judgments Exequatur Exequatur is available in respect of any type of relief, provided the applicable requirements are satisfied. REJA The regime under the REJA is considerably narrower, applying only to money judgments and judgments delivered by superior courts in the United Kingdom. 3.3 Categories of Foreign Judgments Not Enforced According to the principles established in D ’ Arifat v Lesueur [1949] MR 191, a foreign judgment will not be enforceable where:
• it has not been given on the merits of the case; • it has been obtained by fraud; or • it appears on the face of the proceedings to be grounded on an incorrect view of international law, or on a refusal to recognise Mauritian law where that law was applicable. In addition, exequatur may only be granted if: • the judgment remains valid and enforceable in the foreign jurisdiction; • it is not contrary to Mauritian public policy; • the defendant was properly summoned in accord - ance with the applicable procedural rules; and • the foreign court had jurisdiction to determine the dispute. 3.4 Process of Enforcing Foreign Judgments REJA Leave to seek recognition and enforcement under the REJA must generally be sought within 12 months of the date of the UK judgment. However, the Supreme Court of Mauritius has a discretionary power to extend that period where it considers it just and convenient to do so. Leave is sought either ex parte or by sum - mons to a judge. Where the application is made ex parte, the judge may nonetheless direct that a sum - mons be issued. Such summons must be supported by an affidavit of the facts, accompanied by the duly authenticated judgment. Upon receiving the application, the Supreme Court fixes a period within which the judgment debtor may apply to set the registration aside. If no such applica - tion is made within that period, the judgment must be registered and will be declared executory in Mauritius. Written notice of the registration must then be served on the judgment debtor within a reasonable time, stat - ing the period within which the debtor may apply to have the registration set aside. Within three days of service, the party serving the notice must endorse on it (or on a copy) the day, week and month on which service was effected; the judgment creditor may not execute the judgment without such endorsement.
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