Civil Procedure Code at Mauritius
Mauritius' civil litigation is governed by the Courts (Civil Procedure) Act, which provides a comprehensive framework for civil proceedings in the country. (Courts (Civil Procedure) Act (Mauritius))
📘 Overview of the Courts (Civil Procedure) Act
The Courts (Civil Procedure) Act outlines the procedures for initiating and conducting civil actions in Mauritius. Key provisions include:
Action by Writ of Summons: Civil actions, such as those involving bills of exchange or promissory notes, may be commenced by writ of summons. The plaintiff can obtain a final judgment if the defendant does not appear or defend the action within the specified time frame. (Courts (Civil Procedure) Act (Mauritius))
Leave to Defend: A defendant may apply for leave to defend the action by providing satisfactory affidavits that disclose a legal or equitable defense. The court may grant leave on such terms as it deems fit. (Courts (Civil Procedure) Act (Mauritius))
Setting Aside Judgment or Execution: Under special circumstances, the court may set aside a judgment or stay or set aside execution, allowing the defendant to appear and defend the action. (Courts (Civil Procedure) Act (Mauritius))
Examination of Judgment Debtor: A judgment creditor may apply for an order to examine the debtor about their property if there is reason to believe the debtor has the means to pay but refuses to do so. The court may make orders to satisfy the debt, including attaching the debtor's property. (Courts (Civil Procedure) Act (Mauritius))
🏛️ Court Structure
Mauritius' civil court system comprises several levels:
Supreme Court: The highest court, handling civil appeals and significant civil matters.
Intermediate Court: Handles civil cases within its jurisdiction, including those transferred from the Supreme Court.
District Courts: Deal with civil cases of lesser value and complexity.
📄 Accessing the Act
The full text of the Courts (Civil Procedure) Act is available in English on the Global Regulation website. (Courts (Civil Procedure) Act (Mauritius))
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