Agiliss Ltd v Republic of Mauritius and Others (Ruling) Application No.1 of 2022 arising from Reference No.2 of 2022 (Interim Application No.1 of 2022; Reference No.2 of 2022) [2022] COMESACJ 2 (21 October 2022)

Exhaustion of Domestic remedies — Held: The Applicant having made the allegation of exhaustion of domestic remedies; it had the burden to prove the same. Further the primary obligation to exhaust domestic remedies is imposed on the applicant by virtue of Article 26 of the Treaty.

Held: the power of revision is contingent on discovery of some new fact(s) or on account of some mistake or error on the face of the record. A mistake or error cannot, however, be used to affect the substantive issues or the validity of the Court's judgement - it involves formalities such as 'misnaming of parties, errors in calculation, clerical mistakes or obvious slips that appear on the fact of the record which can be corrected without changing the validity or effect of the judgment.