Appleby acted for the successful Respondent in the landmark
decision of Mauritian Eagle Leasing Company Ltd v
Boojhawon B. (2019 SCJ 347) delivered by Judge O.B.
Madhub on 23 December 2019. The Court accepted Appleby's
proposition that an Order authorising the "saisie
revendication" (provisional attachment) of a leased
vehicle can be verbally opposed at the time of the Order's
execution and that such an opposition cannot trigger contempt of
court proceedings.
Background
The Applicant, a private leasing company, applied for the
Respondent to be held in contempt of court for having failed to
comply with an Order for a 'saisie revendication'
(provisional attachment) of three vehicles and one piece of
machinery. The application was based on the Respondent's
failure to hand over the items to the Usher at the time of the
execution of the Order.
