This article provides an analysis of the likelihood of enforcing
foreign judgments against foreign parties before the Mauritian
Supreme Court. Mauritius law provides broadly for the enforcement
of foreign judgments by both legislation and case law.
In terms of legislation, this sphere of the law is governed by
the Code de Procédure Civile and the Reciprocal
Enforcement of Judgments Act 1923.
The Code de Procédure Civile was promulgated in
Mauritius at a time when Mauritius was still a French colony and as
such was part of the set of Napoleonic codes which were extended to
French colonies. When Mauritius became a British colony, the
Reciprocal Enforcement of Judgments Act 1923 was enacted to
simplify the enforcement of United Kingdom (UK) judgments within
the overseas British colonies by way of registration. However, its
application is very specific and is limited to judgments or orders
given or made by a superior court of England and Wales in any civil
proceedings
