Applications of Writ Habere Facias Possessionem

In his intense and enlightening 3-hour course, Hon Judge Fekna clarified the position in
Mauritian Law of the Writ Habere Facias Possessionem (WHFP).

WHFP is an application made before the Judge in Chambers seeking an order in favour
of an applicant who has a clear title to real property to be restored in possession of that
property where another person is occupying the property without having any bona-fide
defense which would in principle entitled him (the occupier) to continue occupying that
property.

In practice, this is the procedure to eject third parties from the property of a landlord or
owner, Judge Fekna enlightened the audience composed of 44 Barristers and 19
Attorneys about the process, the procedure and conditions to be met when applying for
a WHFP before JIC. He clarified the source of law of the WHFP which is a strange
animal mixture of English and French law.

He also stressed on the correct procedure that Attorneys should follow and gave a
checklist of the 5 elements which are required for an application of WHFP to succeed
before the JIC.

He referred to the landmark cases and the latest case law in Mauritius highlighting the
complexities and the nuisances

His course was very successful as seen from the active participation of the audience.