44 results found

In Mauri Garments Trading and Marketing Limited v The Mauritius Commercial Bank Limited the Judicial Committee of the Privy Council reiterated the fundamental principle that "[b]anks are not concerned with the rights or wrongs of the underlying disputes [between parties] but only with the performance of the obligations which they themselves have confirmed."

By way of background, Mauritius does not have any legislation which provides for state immunity and is not party to the United Nations Convention on Jurisdictional Immunities of States and their Property (the "Convention").

On 2 August 2017, the Industrial Court of Mauritius (Industrial Court) awarded a historic amount of MUR 100,000 [± USD 3,000] as security of costs. This decision is significant in three respects.

MT was the sole provider of land line services within Mauritius as well as international communications to and from Mauritius.

It’s not often that we get an opportunity to report on trade mark decisions in Mauritius.

Following an ex parte application for an interim injunction before the Judge in Chambers by Super-Max Mauritius ("Super-Max")...

The recent Supreme Court judgment of AAWM Services Ltd (In Liquidation) v. Assessment Review Committee & D.G. Mauritius Revenue Authority delivered on the 23 June 2023 once again highlighted...

Le 13 décembre 2022, la cour d'appel d'Afrique du Sud a décidé que ni M. NJ Ayuk ni le Centurion Law Group ne devaient présenter d'excuses formelles...

In a significant decision reaffirming the principle that procedural technicalities should not override substantive justice, the Court of Civil Appeal allowed...

The case revolved around a bank loan which had been made as part of a wider series of transactions in relation to a share sale agreement. The main question was whether the loan...

In the case of Syndicat des Co-Propriétaires de la Tourelle Ocean View Residence Mauritius v The District Council of Black River & Anor (2025 SCJ 213), the Supreme Court of Mauritius...

In a judgment dated 8 April 2025, the Judicial Committee of the Privy Council allowed the appeal of the taxpayer, Marie Henri Dominique Galea against the decision of the Supreme Court of Mauritius which had maintained the ruling of the Assessment Review Committee ("ARC").

The Supreme Court of Mauritius has established critical precedents for shareholder disputes involving arbitration clauses, clarifying when courts may intervene to grant interim measures and how costs should be awarded when applications are withdrawn.

There has been a growing interest to ascribe a meaning to the phrase ‘institutions agréées' since the Mauritian Supreme Court (Supreme Court)

The widespread use of asymmetric jurisdiction clauses has strong underpinnings; the party who bears the primary commercial risk under the contract is given the benefit of the option.

The Supreme Court had to address a preliminary objection raised by co-respondents Nos. 1, 2 and 3 on the ground of jurisdiction to contest and challenge the court's competence to determine the issues...

On 26 January 2018, the Court of Civil Appeal delivered its determination on whether a resolution that was produced by a representative of the Respondent (i.e. Stoll Financial Services GmbH) (i)