MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
• costs. 9.2 Rules Regarding Damages
• execution by way of writ of execution; • attachment (eg, of receivables or bank accounts); • inscribing a judicial mortgage on immovable property, and seizure and sale of immovable properties in accordance with the provisions of the Sale of Immovable Property Act; and/or • filing for the bankruptcy or winding-up of a judgment debtor. In respect of intermediate court judgments, mov- able properties must be seized and sold before immovable properties are sold. 9.5 Enforcement of a Judgment From a Foreign Country An application is made to the Supreme Court by way of a motion and supporting affidavit. The evidence has to show that the conditions for exequatur of the foreign judgment are met, namely: • the foreign judgment is still valid and capa- ble of execution in the country where it was delivered; • the foreign judgment must not be contrary to any principle affecting public order (meaning international, rather than domestic, public order); • the defendant must have been regularly sum- moned to attend the proceedings in which the foreign judgment was delivered; and • the court which delivered the judgment must have jurisdiction to deal with the matter sub- mitted to it. Once the Mauritian Supreme Court has granted the exequatur, the foreign judgment can then be enforced in Mauritius in the same way as a domestic judgment.
There are no punitive damages provided for in Mauritian law. The courts would seek to provide full compensation ( réparation intégrale ) to a plaintiff for prejudice suffered. In breach of con- tract claims, the measure of damages is fore- seeable loss unless the breach is intentional or grossly negligent, in which case, the measure is all the damages that are a direct and certain con- sequence of the breach. In tort cases, the plain- tiff is entitled to recover damages representing the direct and certain consequences of the tort. 9.3 Pre-judgment and Post-judgment Interest In cases involving the payment of a sum of mon- ey, interest may, according to the provisions of the Civil Code, run as from the date on which a request to pay was served on the defendant. The trial judge retains discretion as to whether pre- judgment interest should include the length of the trial depending on the conduct of the plaintiff (in particular, whether the latter has been diligent in pursuing its case). It is not uncommon for the trial judge to award interest to the winning party as from the date of judgment only. In cases before the industrial court, the court may award interest as from the date of dismissal. In cases of road accidents or accidents at work, the court may award interest as from the date the action was started unless there are good reasons to order interest as from the date when the pleadings were closed. 9.4 Enforcement Mechanisms of a Domestic Judgment The typical mechanisms are as follows: • execution by way of warrant to levy;
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