Service by Exploit: A Mandatory Step in Attachment Procedures: AWATARSING R v MOHAMED S.A.Y.A.R 2025 SCJ 134
This appeal arose out of attachment proceedings (saisie-arrêt Application) initiated by Respondent (Applicant in the Saisie Arret Application).In the saisie-arrêt Application, a key procedural irregularity was raised that no exploit had been served on either the garnishee(s) or the debtor, in contravention of Article 559 of the Code de Procédure Civile.The...
Clarifying Appellate Jurisdiction in Ex Parte Injunctions: Mulliez H. S. B. V. Telecel Group Sa & Anor 2025 SCJ 31
Applicant sought ex parte injunctive relief to restrain the implementation of certain board decisions. Following the rejection of the injunction by a Judge in Chambers, Applicant, relying on Section 6 of the Court of Civil Appeal Act, attempted to lodge a fresh application before the Court of Civil Appeal.Mr. Gilbert Noël, Senior Partner at LX Legal, appeared...
Post-coronavirus insolvency
Businesses are bracing for the impacts of the lockdown. Whether it is for a small enterprise, financial institution or a multinational the concerns and uncertainties are extensive. Analogous to the effects of virus, some business operators have mild symptoms whilst others are on life support. Many will simply not survive. Although it is difficult at this stage...
Lords of our Republic
The controversies around the appointments of senior counsel and senior attorney are symptomatic of a young island state wrestling with the shackles of colonisation. One can only be bewildered by the over-importance the legal profession and the judiciary subscribe to titles and entitlements instead of the core issues affecting the legal profession and the...