CIEL Ltd and another v Central Water Authority (Mauritius)

CIEL Ltd and another v Central Water Authority (Mauritius)

Appellants failed to prove unconditional water rights; water is public property and cannot be owned or transferred absolutely; CWA is entitled to levy charges for water use under statutory authority; prescription does not bar CWA's claim.

Parties
Appellant: CIEL Ltd; Appellant: Floréal Manufacturing Ltd (now Tropic Knits Ltd); Respondent: Central Water Authority
Jurisdiction
England and Wales
Judgment Date
14 February 2022
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Water Rights, Prescription, Statutory Interpretation, Public Property, Charges for Water Use
Property Law Public Law Water Law Water Rights Prescription Statutory Interpretation Public Property Charges for Water Use

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Parties

CIEL Ltd

Appellant

Floréal Manufacturing Ltd (now Tropic Knits Ltd)

Appellant

Central Water Authority

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether appellants have ownership or unconditional rights to water from River Tatamaka and Réunion Canal
  2. 2 Whether CWA is entitled to levy charges for water use
  3. 3 Whether CWA's claim is barred by prescription

Ratio Decidendi

Appellants failed to prove unconditional water rights; water is public property and cannot be owned or transferred absolutely; CWA is entitled to levy charges for water use under statutory authority; prescription does not bar CWA's claim.

Court Disposition

appeal dismissed

Orders

  • Judgment on liability for water charges entered against TKL (successor to Floréal Manufacturing Ltd)
  • If dispute remains on amount payable, matter remitted to Supreme Court of Mauritius for determination