Section 203: Right of appeal under section 82 (2) of the Constitution – Effect on

203. Right of appeal under section 82 (2) of the Constitution – Effect on section 3 (3) of Landlord and Tenant (Control) Ordinance, 1960 (now Act)— A point was raised proprio motu by the Court concerning the effect of section 82 (2) of the Constitution of Mauritius, which entitles a person to appeal as of right from any final decision of a subordinate Court in civil proceedings, on section 3 (3) of the Landlord and Tenant (Control) Ordinance, 1960 (now Act). HELD (i) section 3 (3) of the Ordinance is repugnant to section 82 (2) of the Constitution in so far as it purports to limit the general right of appeal given by the Constitution and is inoperative, to that extent only, by virtue of section 2 of the Constitution; (ii) the proviso to section 3 (3) which provides for a right of appeal by way of case stated is severable from its enacting part and is not affected by the avoidance of that part and was still operative. Ng Yelim v Chinese Chamber of Commerce (1970). [Issue 1] CON – 220 Revised Laws of Mauritius