20th May 2021

Aidan Casey QC, instructed by Royds Withy King for the Co-Respondent.

Introduction

1. This appeal concerns the effect in Mauritian law upon a written agreement for the sale of leasehold land of the non-fulfilment of a requirement in the agreement for the obtaining of permission from the lessor for the transfer of the leasehold rights from the vendor to the purchaser. The trial judge thought that the agreement remained enforceable once the vendor exchanged her lease for a fresh lease which contained no restriction upon assignment. The Court of Appeal held, to the contrary, that the agreement lapsed because the requirement for the obtaining of the lessor’s consent was a “condition suspensive” which had not been satisfied, and that the new lease obtained by the vendor conferred different rights from those which she had agreed to transfer to the purchaser.

2. The outcome of the appeal turns on the application of well-settled principles of Mauritian law to the particular facts, which the Board will now summarise.

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