MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
applicant has been found to be so liable, how- ever. In appropriate cases, the judge in chambers has discretion to order that an undertaking in dam- ages be fortified by means of a cash deposit in court or a bank guarantee. 6.5 Respondent’s Worldwide Assets and Injunctive Relief A judge in chambers has the power to order a worldwide freezing order. In practice, however, judges are reluctant to issue worldwide freez- ing orders, and it is more common for a judge to freeze assets which are located in Mauritius. 6.6 Third Parties and Injunctive Relief It is possible for injunctive relief to be granted against third parties. 6.7 Consequences of a Respondent’s Non-compliance A respondent who fails to comply with the terms of an injunction may be held to be in contempt of court and either ordered to pay a fine or (in very exceptional cases) be sentenced to imprison- ment. In court proceedings, the trial judge would also have discretion not to allow the respondent to be heard until it has purged the contempt of court.
closed their cases, their respective counsels make oral submissions on the facts and the law and the judge reserves their judgment. In certain complex cases, the judge may also request that oral submissions be supplemented by written submissions. In hearings of cases entered before judges in chambers or those entered by way of motion and affidavit, the judge will consider the evi- dence as set out in the affidavits and submis- sions (written and/or oral) of counsel. There is no live examination of witnesses on the contents of their affidavits unless a motion is made to that effect and the judge grants the motion in excep- tional circumstances. 7.2 Case Management Hearings Case management is left to the discretion of the trial judge. 7.3 Jury Trials in Civil Cases There are no jury trials in civil cases in Mauritius. 7.4 Rules That Govern Admission of Evidence In civil and commercial matters, the court may be quite flexible on the admissibility of evidence, but there are certain principles to bear in mind: • contractual obligations (except in commercial cases) worth more than MUR5,000 need to be supported by a written document, and parole evidence is not admissible; • in any claim to rent or indemnity for the occu- pation of immovable property, oral evidence will, when a lease is denied and is not com- pletely established by writing, be admissible to prove or disprove the occupation and the amount or payment of the indemnity, and the party suing will be entitled to the indemnity although it may result from the oral evidence
7. Trials and Hearings 7.1 Trial Proceedings
Civil trials in Mauritius take place in an adver- sarial format. Each party calls its own witnesses to give evidence and produces documents in support of its case, with counsel for the other parties being able to cross-examine those wit- nesses. After a party has called all its witnesses, it closes its case and when all the parties have
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