Section 108: Possessory actions

108. Possessory actions (1) A District Court shall have jurisdiction in possessory actions concerning any land, premises, runs of water or other immovable property or any other rights arising out of immovable property including actions where the value of the property or right exceeds the prescribed amount if— (a) the plaintiff claims to be maintained or restored to the quiet enjoyment and possession of the property or rights; (b) the possessory action is entered within one year from the imputed trespass; and (c) the plaintiff has been in quite possession for at least one full year before the imputed trespass. (2) In any possessory action, damages not exceeding the prescribed amount may also be claimed. (3) Notwithstanding article 25 of the Code de Procédure Civile, where the value of the property or right in relation to which a possessory action is brought does not exceed the prescribed amount, the District Court may, if the issue of ownership is raised, adjudicate on it. [Issue 1] C54 – 28 Revised Laws of Mauritius