MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
10. Appeal 10.1 Levels of Appeal or Review to a Litigation Mechanisms of review include: • in civil cases, appeals from a judge of the Supreme Court are heard by the Court of Civil Appeal; • appeals from the bankruptcy division of the Supreme Court, the master and registrar, the intermediate court, the industrial court, a magistrate or any other court or body estab- lished under any other enactment, are heard by the Supreme Court exercising its appellate jurisdiction; and • appeals from a decision of two or more judg- es of the Supreme Court may be heard by the Judicial Committee of the Privy Council, if such appeals are possible (leave to appeal must first be obtained, as not all cases are appealable before the Judicial Committee). 10.2 Rules Concerning Appeals of Judgments Appeals before the Supreme Court in its appel- late jurisdiction or the Court of Civil Appeal are not conditional on leave being granted – that is, they are as of right. However, none of the fol- lowing appeals may lie, except by leave of the judge: • an appeal from an order as to costs only; • an appeal from an order made by consent of the parties; or • an appeal from an interlocutory judgment or order. An appeal to the Judicial Committee of the Privy Council lies as of right:
• against final decisions in civil and criminal proceedings on questions of interpretation of the constitution; • against final decisions in civil cases where the matter in dispute is at least MUR10,000, or the appeal involves a claim to or a question respecting property or a right of the value of MUR1,000 upwards; • against final decisions in constitutional relief cases; • against decisions of a bench of three desig- nated judges in applications made under the International Arbitration Act or the Conven- tion for the Recognition and Enforcement of Foreign Arbitral Awards Act; or • in such other cases as may be prescribed by parliament, but not where there is a right of appeal from the Supreme Court to the Court of Civil Appeal or Court of Criminal Appeal. In other cases, an appeal to the Judicial Com- mittee of the Privy Council lies with leave of the court (either from the Supreme Court or, if the latter refuses leave, by special leave of the Privy Council): • where, in the opinion of the court the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the judi- cial committee; • against final decisions in any civil proceed- ings; or • in such other cases as may be prescribed by parliament, but not where there is a right of appeal from the Supreme Court to the Court of Civil Appeal or Court of Criminal Appeal. 10.3 Procedure for Taking an Appeal Supreme Court Appeals An appeal from a judgment of a judge of the Supreme Court must be lodged with the regis-
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