MODULE- CIVIL PROCEDURE FINAL EXAMS PAPER –

RE-APPEAR PAPER

PROGRAMME:
Bachelor of Laws with Honours

Duration: 2 hours

INSTRUCTIONS TO CANDIDATES
This paper consists of 5 questions.
Answer ANY THREE (3) questions.
You may answer in English, French or both. Marks will be given for proper
enactments and correct citation of the law.
All questions carry equal marks (100 marks).

Q1: Elaborate fully on the Supreme court in Mauritius, its jurisdictions and ways in
which civil cases are entered.

Q2: Explain the role and examine the jurisdiction of the Judge in Chambers whilst
making reference, inter alia, to the Courts Act and the Code de Procedure Civile.

Q3: Your client Mrs Estelle Lim, aged 40, residing in Port-Louis wants to get
divorced from her husband, Mr Jean Lim, shopkeeper, aged 45, residing same place.
They got married in 2000 and lived more or less happily until 3 years ago. She is a
housewife and she has found out that her husband has been having an affair with his
secretary at work for past 6 years and refuses to mend his ways, due to which the
marriage has irretrievably broken down. There is 2 children, Sara and Tequila, aged
16 and 17, from this marriage. Kindly draft the required pleading to be filed before the
appropriate court. You may presume certain facts as and when needed. (100 marks)

Q4: What is a judgment and what are the different types of judgments which exist?

Q5: What do you understand by a plea in limine litis? Distinguish between une action
possessoire and une action pétitoire?