Section 28: Frivolous and vexatious action
consolidated text (as at 2007). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
28. Frivolous and vexatious action
(1) Where in any civil proceedings under this Act the Court is satisfied
that the plea of a borrower whether in a plaint, defence, or other pleading, or
in any affidavit or application for the purpose of obtaining leave to defend an
action was not made in good faith, but for the purpose of delaying or harrassing the moneylender, the Court may, in addition to any penalties incurred
under any other enactment, order the borrower to pay for the benefit of the
moneylender—
(a) a sum not exceeding 75 rupees by way of compensation; and
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Revised Laws of Mauritius
(b) the costs incurred by the moneylender in the proceedings to
such an amount as may be determined by the Court.
(2) The sum ordered to be paid under subsection (1) shall be added to
the amount of the judgment recoverable by the moneylender.