Mauritius - Attachment of Assets
Gilbert Noel, Partner, Appleby, Mauritius office
Originally from Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
The judicial measures available to plaintiffs against the property of their debtors in ensuring a provisional relief in the first instance and thereafter obtaining judgment in the main case, are mainly to obtain security in civil and commercial matters and also for the seizure of vessels in maritime cases. The general nature of the judicial measure is the freezing and the seizure of the debtor’s property as a provisional form of relief. In maritime matters a plaintiff may have recourse to applicable procedures for the arrest of ships.
The effect of both measures is to obtain sufficient security to secure payment if the debtor is still a going concern. The custody of the property may be ordered to a third party at the discretion of the court. In Mauritius, the property is taken under the custody of the usher (Court Official).
2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.
Under the applicable Mauritius laws, attachment may take the following forms:
(a) Provisional Seizure (Saisie Conservatoire):
This form of attachment is usually sought in maritime cases. An authorization of the Judge in Chambers for a provisional seizure of a ship may be granted where there are reasonable grounds to believe that a debt is, in principle, justified.