Mauritius - Enforcement of Money Judgments
Originally from Enforcement of Money Judgments
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There is no prohibition be it from the Executive or from the Judiciary toward the enforcement of a foreign money judgment in Mauritius. This procedure is called Exequatur. Indeed, ever since the 13th of October 1923, well before Mauritius became Independent (12.3.1968), a legislation headed the Reciprocal Enforcement of Judgments Act came into operation. In 1961 another enactment was passed, the Foreign Judgments (Reciprocal Enforcement) Act 1961. Subject to their particular application, there is nothing under the Mauritian law which prevents or restrains the execution of a foreign judgment in Mauritius.
B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.
The recent case, as of now is Eucher-Lahon Jean Jacques v. The Ministere Public 2020 SCJ 332, where a judgment delivered on 31 January 2019, by “le Juge des Tutelles du Tribunal d’instance de Courbevoie” of the Republic of France was declared executory on the 22 December 2020. It is not to my knowledge whether the enforcement of any judgment from the United States Courts has been applied for in Mauritius. In any event, subject to the compliance of certain conditions as established by our case law, any foreign judgment will be declared executory without the witnesses being heard anew.
C. Describe any proposed legislation or other governmental action in your country that could significantly affect the enforcement of foreign money judgments.
Our Law Reform Commission has been amending several legislations recently, but the legislation in respect of Exequatur has remained the same over more than half of a century now. To my knowledge there is no forthcoming legislation which could significantly affect the enforcement of foreign money judgment.