Section 111:

111. New trial – Counsel to depone as witness – Withdrawal as Counsel— Appellant’s Counsel was allowed to withdraw on the day fixed for the hearing of the appellant’s prayer for a new trial of proceedings, so that he could depone as a witness. Appellant’s motion for a postponement to be able to retrain another Counsel was refused and his prayer for a new trial was rejected. HELD The appellant was not himself guilty of laches. The professional fault of the appellant’s Counsel when he chose to wait until the day of the hearing to withdraw for the reasons given may have been reflected unfairly on the appellant and, consequent to Counsel’s motion being acceded to, the appellant should have been given an opportunity to retain another Counsel in the very particular circumstances of this present case. Ramen v Ghoorun (2000). [Issue 1] CON – 196 Revised Laws of Mauritius B. Adjournment