COUNCIL FOR VOCATIONAL LEGAL EDUCATION

BARRISTERS' EXAMINATION - AUGUST 2023

PAPER II— CIVIL PROCEDURE
(THREE HOURS)

Candidates have ten minutes to read the Examination Paper which

consists of 5 pages before they start writing.

All questions carry equal marks and there are SIX QUESTIONS in all out
of which FOUR QUESTIONS must be answered.

Marks will be granted, where appropriate, for correct reference to

enactment and case law.

Each question must be answered on separate sheets with clear marking

as to the question answered and the number of pages.

MAKE SURE THAT YOU ENCLOSE ALL YOUR ANSWERS IN THE

ENVELOPE PROVIDED.
QUESTION I

Catherine is employed by the Disciplined Forces Services Commission as a Woman

Police Corporal in the Mauritius Police Force. She is assigned to work at Trou Fanfaron
Police Station. Her working hours are from 08.30 hours to 17.00 hours and Catherine
usually catches the bus to go back to her residence at Terre Rouge.
D.

At around 19.30 hours on 17.10.2021, following an emergency which cropped up

within the jurisdiction of Trou Fanfaron Police, Catherine is called back for duty. The
Commissioner of Police, who is the head of the Mauritius Police Force, dispatched a
police vehicle to pick up Catherine from her residence to convey her to her place of
work at Trou Fanfaron Police Station.

Catherine attended duty there at around 20.00 hours. At about midnight during the
night of 17.10.2021 to the 18.10.2021, the emergency situation having been curtailed,
Catherine should have been provided with transport facilities by. the Mauritius Police
Force to go back to her place. No official vehicle was available and the Chief Inspector
of Trou Fanfaron Police Station was requested by his Superintendent to drop
Catherine back to her place.

While Catherine was travelling in the Chief Inspector's private car to her place, it met
with a serious accident and she died on the spot as a result.

Her heirs - surviving spouse and two minor children - call upon you to advise them
regarding a claim in damages against the party/parties liable for the accident which
caused Catherine's untimely death.

Advise Catherine's heirs: -

(i) against whom the claim/claims may be lodged;

(ii) what is the cause of action which will be the basis of the claim/ claims;

(ii) what are the steps to be undertaken before the claim/claims is/are initiated.

1 -'
QUESTION 2

A. Kas Poze Company Limited is a private company limited by shares and

incorporated with the Registrar of Companies in Mauritius. Kas Poze Company
Limited has two local directors.

Metterre Tioola Limited owes to Kas Poze Company Limited a sum of Rs

2,500,000. Kas Poze Company Limited retains your services to recover the said
sum of R 2,500,000 from Metterre Tioola Limited.

Advise Kas Poze Limited:-

as to the avenues open to it in order to recover the sums due by Metterre

Tioola Limited;
based on the advice given above, advise the directors of Kas Poze
Limited as to the steps to be undertaken by it in order to initiate the case
and give evidence in Court.

B. In the event that Kas Poze Limited is a foreign company based in Singapore
and intends to initiate legal action against Metterre Tioola Limited before a
Court of Law in Mauritius:

What would be your advice to Kas Poze Limited and

What are the steps to be undertaken by Kas Poze Limited, as a foreign
company for purposes of a Court case.

11
2
QUESTION 3

Mr. Haz Bean holds a bank account with Gold Bank Limited where he has a credit of
USD 1,250,000. On 16.01.2022, whilst verifying his bank statement for the said
account, he discovered that, without his consent - express or tacit - the said sum of
USD 1,250,000 was debited from his account and transferred to an unknown person
with whom Mr. Haz Bean had no dealings. Mr. Haz Bean wrote to Gold Bank Limited
and requested for information in writing as to: -

(i) When the sum of USD 1,250,000 was debited from his bank account;
(ii) Communication of documents in support of the withdrawal and transfer
of the said sum of USD 1,250,000 from his bank account;
(iii) Communication of the name(s) and address(es) of the party/parties who
unlawfully benefitted from his sum of USD 1,250,000.

Gold Bank Limited has informed Mr. Haz Bean that the required information cannot be
communicated because of banking secrecy.

10

Advise Mr. Haz Bean regarding how you can assist him in finding out:

(a) who debited his bank account with USD 1,250,000,

(b) who benefitted from the said transfer of USD 1,250,000 and

(c) where the beneficiary of the USD 1,250,000 resides.

(d) Also set out the action which may be undertaken against Gold Bank Limited.

3
QUESTION 4

Mr. Kader Khan is not a director of Socks & Co. Ltd which is currently under
investigation and assessment by the Mauritius Revenue Authority (MRA). The MRA
has caused the notice of assessment to be served on Mr. Kader Khan as an alleged
director of Socks & Co. Ltd.

Mr. Kader Khan files an objection to the assessment by the MRA. The objections of
Socks & Co. Ltd will be determined by the Assessment Review Committee (ARC).

When the matter came for hearing before the ARC, the MRA informed the Committee
that Mr. Kader Khan is not a director of Socks & Co. Ltd and that he has no authority
to represent the said company. Mr. Kader Khan confirmed before the ARC that he
never was a director of Socks & Co. Ltd and that he has no mandate to object to the
said assessment.

The ARC sets aside the objection raised by Socks & Co. Ltd to the MRA's assessment.
,After the objection raised by Socks & Co Ltd was set aside, the Mauritius Revenue
Authority caused an 'inscription de privilege' to be inscribed on the assets (movable
and immovable properties) of Mr. Kader Khan.
69

Advise Mr. Kader Khan regarding:

(I) the steps to be undertaken to erase the said 'inscription do privilege'

burdening his assets;
(ii) who is/are the parties against whom the proposed action for erasure of the
said 'inscription do privilege' are to be directed; and
(iii) what is the nature of the action to be initiated.

4
 It

QUESTION 5

Mr Hughes Boss was successful in local arbitration proceedings under the Code de
Procedure Civile. He now seeks to enforce the award obtained in his favour and calls
upon you to advise him on the procedure to be adopted.

He also wishes to be enlightened as to whether his opponent, Mr Big, can challenge

the award and if so, the avenues for challenge along with the relevant procedure to
be adopted.

Advise. Mr Hughes Boss.

QUESTION 6

Mr Jean Népeur is the owner of commercial premises situated at Farquhar Street,

Rose Hill, which he rents unfurnished to Mr. Seffe Kapon. The lease for the said
commercial premises started since 2010 but the parties have not signed any written
agreement. Mr Jean Népeur no longer wishes to keep Mr. Seffe Kapon as tenant of
his commercial premises inasmuch as the latter has not been paying rent for the last
3 months.

Advise Mr. Jean Népeur as to

(I) the steps required to evict Mr. Sëffe Kapon from the unfurnished
commercial premises, and
(ii) the required procedure to evict Mr. Seffe Kapon from the commercial
premises within the least possible delay and before which jurisdiction the
case for eviction is to be lodged.

END OF PAPER

11