Dual Remedies Afforded Against The Granting Of Injunctions

Actis Consumer Grooming Products Ltd v Super-Max Mauritius [2025 SCJ 388]

THE FACTS

Following an ex parte application for an interim injunction before the Judge in Chambers by Super-Max Mauritius ("Super-Max"), the Judge declined to grant the order and issued a summons. On two occasions, service was effected upon Actis Consumer Grooming Products Limited ("ACGPL") but the latter failed to appear.

The Judge in Chambers then granted an interlocutory injunction in the terms prayed for, pending the determination of the main case.

ACGPL lodged a motion supported by affidavit pursuant to Section 73 of the Courts Act 1945 ("the Act"), for the setting aside of the Judge's order and for a stay of execution of the said order pending the determination of the application.