Section 7: Powers of registering Court
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Powers of registering Court
(1) Where, on an application to set aside the registration of a judgment,
the applicant satisfies the registering Court either that an appeal is pending,
or that he is entitled and intends to appeal against the judgment, the Court,
if it thinks fit, may on such terms as it thinks just either set aside the registration or adjourn the application to set aside the registration until after the
expiration of such period as appears to the Court to be reasonably sufficient
to enable the applicant to take necessary steps to have the appeal disposed
of by the competent tribunal.
[Issue 1] F20 – 6
Revised Laws of Mauritius
(2) Where the registration of a judgment is set aside under subsection (1), or solely for the reason that the judgment was not at the date of the
application for registration enforceable by execution in the country of the
original Court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed
of or if and when the judgment becomes enforceable by execution in that
country as the case may be.
(3) Where the registration of a judgment is set aside solely for the reason
that the judgment, notwithstanding that it had at the date of the application
for registration been partly satisfied, was registered for the whole sum payable thereunder, the registering Court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining
payable at that date.