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  • Article

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

    The Supreme Court of Mauritius, sitting in its appellate jurisdiction, brought clarifications on the circumstances in which a Mise-en-Demeure would not be required.
    MauritiusLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    MCB v UBS*, Court Applies Procedure Under International Arbitration Act 2008

    The Commercial Division of the Supreme Court of Mauritius held that the issue as to applicability of the arbitration clause under a facility agreement was not open for it to determine...
    MauritiusCorporate/Commercial Law
    BLC Robert
    BLC Robert
Article

Balgobin M. L. v. Maubank Ltd & Anor 2024 SCJ 145 – Case Summary

The Court of Civil Appeal (CCA) delivered an interesting judgment on the adequacy of affidavit evidence when making a bankruptcy order. The CCA, acting solely on the basis of affidavit evidence...
MauritiusInsolvency/Bankruptcy/Re-Structuring
Appleby
Appleby
  • Article

    First Ever Tax Appeals Board: A Historic Development In Ghana

    The inauguration of this Board brings relief to many, especially as the previous system of objection to tax assessments required a person aggrieved by the decision of the Commissioner-General...
    MauritiusLitigation, Mediation & Arbitration
    Centurion Law Group
    Centurion Law Group
  • Article

    Mauritius As An Ideal Seat For Arbitration

    In one of its recent determinations, the Mauritian Supreme Court re-affirmed a line of decisions which confirmed its support to arbitration, whether international or domestic.
    MauritiusLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    The Court Of Civil Appeal Quashes Judgement Of Commercial Division Of Supreme Court In Record Time On The Day Of The Appeal Hearing In Mauritius

    On 24 July 2020, the Supreme Court (Commercial Division) of Mauritius delivered a judgment non-suiting Sheeny Worldwide Limited (Sheeny) for failing to establish its claim in the sum of USD 7.1 million...
    MauritiusLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Bank One Limited v Basgeet 2021 SCJ 93

    The enforcement of a floating charge on property under construction.
    MauritiusFinance and Banking
    Appleby
    Appleby
  • Article

    MCB v Realpoint*, Court Dismisses Application For Receivership But Grants An Order For Séquestre Judiciaire**

    MCB made an application for the appointment of a receiver manager under the Insolvency Act 2009 or alternatively, for an order under article 1961 of the Mauritian Civil Code...
    MauritiusInsolvency/Bankruptcy/Re-Structuring
    BLC Robert
    BLC Robert
  • Article

    ENSafrica Strengthens Its Mauritian Leadership With Appointment Of Deputy Department Heads

    These two appointments align with the firm's succession and development plans.
    MauritiusLaw Department Performance
    ENS
    ENS
  • Article

    The Supreme Court Of Mauritius Spells Out The Law On The Representation Of Companies In Court

    The Full Bench of the Supreme Court has delivered a judgment on how companies should be represented before courts in Mauritius.
    MauritiusCorporate/Commercial Law
    ENS
    ENS
  • Article

    The Supreme Court Rules In Favour Of British Pensioners On The Applicable NAV Date For A Redemption Of Shares' Request Made In 2013

    Judgment has been handed down by Honourable Judge M J Lau Yuk Poon in Canada Life International Limited v Metatron Global Fund & Anor [2022] SCJ 305 in a claim on the interpretation of a settlement deed initially reached between the parties to this litigation.
    MauritiusLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Case Commentary: Mulliez H.S.B V Telecel Group SA & Anor 2025 SCJ 31

    On 22 January 2025, the full bench of the Court of Civil Appeal in the matter of Mulliez H.S.B v Telecel Group SA & Anor 2025 SCJ 31 decided on the scope of Section 6 of the Court of Civil Appeal Act 1963...
    MauritiusLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Unfair Competition Against A Former Employer Forbidden

    On 16 December 2015, the Supreme Court of Mauritius, in Oisel (Maurice) Ltée v Echevin M F & Ors, held that an act of competition against a former employer is not forbidden except if the former employee is bound by a restrictive clause.
    MauritiusEmployment and HR
    Juristconsult Chambers
    Juristconsult Chambers
  • Article

    Banker's Duty Of Confidentiality

    A bank's duty of confidentiality to its customers, as well as the obligation on banking institutions to preserve the details and secrets of its clients, are long-established principles.
    MauritiusFinance and Banking
    Appleby
    Appleby
  • Article

    Court Orders NO Apologies For Aggressive Lawyering. Centurion Law Group And NJ Ayuk Prevail In The Case Of Son Of Powerful Equatorial Guinea Minister's Son Delphin Mocache Massoko

    On the 13th of December 2022 the appeal court in South Africa ruled that neither Mr NJ Ayuk nor Centurion Law Group must issue a formal apology on aggressive lawyering...
    MauritiusLitigation, Mediation & Arbitration
    Centurion Law Group
    Centurion Law Group
  • Article

    Mauritius Court Accepts Appleby's Proposition In Landmark Decision

    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
    MauritiusLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Public Interest Litigation – Mauritius Court Leaves Door Half Open

    In a judgment delivered on 21 March 2023[1], the Supreme Court of Mauritius considered whether an attorney (solicitor), in his personal name and capacity, had standing to apply for a judicial review of the rules...
    MauritiusLitigation, Mediation & Arbitration
    Orison Legal
    Orison Legal
  • Article

    The Supreme Court Of Mauritius Re-Affirms Its Pro-Arbitration Approach And Brings Clarity On Referral Under The International Arbitration Act 2008

    In Mall of Mont Choisy Limited v Pick N’ Pay Retailers (Proprietary) Limited & Ors 2015 SCJ 10 the defendants challenged the jurisdiction of the Commercial Division of the Supreme Court.
    MauritiusWealth Management
    Appleby
    Appleby
  • Article

    5 Things To Know On Floating Charges

    Under Mauritian law, a floating charge is a general security interest over all present and future movable or immovable assets, which may change in quantity and value during the security period.
    MauritiusFinance and Banking
    BLC Robert
    BLC Robert
  • Article

    Mauritius: Trade Marks Filed "In Defiance Of Commercial Morality"

    A recent decision of the Mauritian Industrial Property Tribunal (the "Tribunal") will provide some comfort to international brand owners. The case involved an application
    MauritiusIntellectual Property
    ENS
    ENS
  • Showing 1–20 of 44 results

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