There are several regimes under which judgments delivered outside of the Republic of Mauritius can be enforced in Mauritius.. These are namely:-
- The Reciprocal Enforcement of Judgments Act 1923;
- The Foreign Judgments (Reciprocal Enforcement) Act 1961; and
- The "Exequatur Procedure" provided by the Mauritian Code de Procedure Civile.
The Legal Framework under which a judgment delivered outside of the Republic of Mauritius is enforced and recognised is under Article 546 of the Mauritian Code de Procedure Civile and these proceedings are known as an "exequatur". As such the Code de Procedure Civile does not lay down the conditions that need to be satisfied for an application of "exequatur" but fortunately the evolution of case law has established the criteria that must be complied with.
Here are the following conditions that need to be satisfied:-
- The foreign judgment is still valid and capable of execution in the country where it was delivered;
- it is not contrary to any principle affecting public order in Mauritius;
- the defendant was regularly summoned to attend the proceedings; and
- the court which delivered the judgment had jurisdiction to deal and adjudicate upon the matter.
All the regimes as listed above provide for enforcement. The purpose of the application for an "exequatur" by way of motion is to have the foreign judgment made executory in Mauritius and to have the judgment registered before the Supreme Court of Mauritius. Both the Foreign Jugdments (Reciprocal Enforcement) Act 1961 and the Reciprocal Enforcement of judgments Act 1923 provide for enforcement through the necessity of registration before the Supreme Court of Mauritius.
Procedure for an "exequatur" application
An applicant wishing to enforce a foreign judgment will have to initiate actions before the Supreme Court of Mauritius by way of motion supported by an affidavit humbly asking the Court for an order making executory a judgment delivered outside the Republic of Mauritius. The affidavit will be supported by a duly authenticated copy of the judgment evidence to show that it is a final one and where possible there will also be a certificate of no appeal.( showing that the judgment has not been appealed). The court will fix a time limit if ever there is opposition to the application by the Respondent but however when the time limit is over, the judgment will be made executory in Mauritius.
Is the enforcement of a foreign judgment in Mauritius time-barred?
As long as a foreign judgment is still valid and capable of execution in the country it was delivered there is no limitation period.
**The procedure for an application of "exequatur" has been briefly laid down and therefore you should seek expert advice before initiating any actions.