Section 66: Demand as to portion of seizure
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
66. Demand as to portion of seizure
(1) Where the demand of distraction applies only to a portion of the
property seized, the proceedings for the sale and adjudication of the residue
shall be continued.
[Issue 10] S3 – 18
Revised Laws of Mauritius
(2) (a) The Master may, if he thinks fit, on application made to him by
an interested party, order a stay of proceedings as regards the whole of the
property seized.
(b) Where a distraction of a part is ordered, the execution creditor
may reduce his mise à prix in the memorandum of charges.
continued on page S3 – 19
S3 – 18 (1) [Issue 10]
Revised Laws of Mauritius
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Questions this section answers
- If only part of the seized property is disputed, does the sale of the rest still go ahead?
- Can the court stop the whole sale of a property when only part of it is disputed?