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ARTICLE · 10 OCTOBER 2024

"Taking Note" May End On A Bad Note For Litigants

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The importance of replying to each paragraph of pleadings and the consequence of just "taking note" of averments has been extensively underlined in the recent case...

MauritiusLitigation, Mediation & Arbitration
Fatema Mohidinkhan
Fatema Mohidinkhan
Yahia Nazroo
Yahia Nazroo
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The importance of replying to each paragraph of pleadings and the consequence of just "taking note" of averments has been extensively underlined in the recent case of ESPACE AUTOMOBILE LTEE v ASCENCIA LTD (2024 SCJ 438).

Brief Facts

Espace Automobile Ltee (the Plaintiff) lodged a claim against Ascencia Ltd (the Defendant) before the Supreme Court for wrongful termination of a lease agreement under which the Plaintiff was operating a car gallery. It is the plaintiff's case that, the defendant sold, in a secretive manner, the said portion of land to the State for the purpose of the construction of a metro station, as a result of which the Plaintiff's business has been significantly affected.

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