Case Commentary: Mulliez H.S.B V Telecel Group SA & Anor 2025 SCJ 31

On 22 January 2025, the full bench of the Court of Civil Appeal in the matter of Mulliez H.S.B v Telecel Group SA & Anor 2025 SCJ 31 decided on the scope of Section 6 of the Court of Civil Appeal Act 1963, also common referred as the "similar purpose application" section. Unsurprisingly, the Court has pathed the way for judicial activism holding that the:

"Court would therefore readily intervene, in the absence of any appropriate or adequate legal remedy, where the immediate and urgent intervention of the Court is warranted for the due administration of justice through the exercise of its equitable jurisdiction."

Judicial Activism

The increasing use of similar purpose applications before the Court of Civil Appeal was the subject matter of an in-depth analysis by the Dispute Resolution team at Appleby in an article published on the 06 October 2022, Cutting Through The Law – Section 6 Of The Court Of Civil Appeal Act | Appleby . The article analysed the appeal