Yue Tue Fee L.A.R. And Anor V JMS Aluminium Ltd 2022 SCJ 107

When is a Mise-en-Demeure not required?

The Supreme Court of Mauritius, sitting in its appellate jurisdiction, brought clarifications on the circumstances in which a Mise-en-Demeure (ie legal notice) would not be required.

In the instant matter, the Supreme Court gave effect to a term in the parties' contract which dispensed with the need by one party to serve a mise-en-demeure on the other party as a pre-condition to bring proceedings. In so doing, the Supreme Court reaffirmed the terms of Article 1134 of the Mauritian Civil Code which validates parties' contractual freedom by stating that a contract is the law between the parties.

The Supreme Court went a step further as it held that as a matter of law, the service of a mise-en-demeure was not fatal to a party where: