Section 23: Notice to unpaid vendor

23. Notice to unpaid vendor (1) Where, among the inscribed creditors, there is a creditor who holds a vendor’s privilege duly inscribed, a similar notice shall be served on him at the domicile elected by him in his inscription. (2) The notice shall inform the creditor that, unless he commences his action in cancellation of sale, and makes a declaration of having done so at the foot of the memorandum of charges before the day fixed for the adjudication, he shall be definitely foreclosed, qua the adjudicatee, from having the cancellation decreed. S3 – 9 [Issue 1] Sale of Immovable Property Act (3) Where no election of domicile has been made on behalf of the creditor, the notice shall be served on him either in person or at his actual or last known domicile in Mauritius. (4) Every vendor shall be entitled to commence his action in cancellation whether his claim is due or not.