The Mauritius Supreme Court, in a decision handed down on 9
August 2017 on the case of Emtel Ltd v The Information and
Communication Technologies Authority & Ors, awarded over
MUR524-million in damages under article 1382 of the Mauritius Civil
Code as a result of the joint "fautes" of the
Information and Communication Technologies Authority (the
"Authority"), Mauritius Telecom Ltd
("MT") and Cellplus Mobile
Communications Ltd
("Cellplus").
Emtel's contention against the Authority was that it had, in
essence, failed in its duty to ensure that the conditions of the
global system for mobile communications (GSM) licence granted to
Cellplus were complied with. Emtel's contention, against MT and
Cellplus, was that they had breached the conditions of the GSM
licence and engaged in unfair competition resulting in damages to
Emtel.
