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...