Case Commentary: R.K.G FRUITS CO LTD v MAERSK
(MAURITIUS) LIMITED 2025 SCJ 220.
In a significant decision reaffirming the principle that
procedural technicalities should not override substantive justice,
the Court of Civil Appeal allowed an appeal overturning an
interlocutory judgment of the Bankruptcy Division that had
dismissed an application to set aside a statutory demand on the
basis of a contested board resolution.
The preliminary objection was to the effect that the appellant,
then applicant, “has failed to establish that Mr.
Ranjiv Gutty had been duly authorized by Applicant to lodge the
present application to set aside the statutory demand served upon
it by Respondent prior to 14 October 2020”.
