Supreme Court Of Mauritius: No Mandate, No Case

In the case of Syndicat des Co-Propriétaires de la Tourelle Ocean View Residence Mauritius v The District Council of Black River & Anor (2025 SCJ 213), the Supreme Court of Mauritius had to consider an application for leave to apply for the judicial review of a decision of the Respondent District Council. However, the Court did not adjudicate on the leave application on the basis that the applicant lacked the requisite specific mandate ("mandat spéciale") to initiate proceedings on behalf of [ ]. Articles 664-50 and 664-52 of the Mauritian Civil Code ("Code Civil Mauricien") identify the administrator ("syndic") as the legal representative of the co-ownership association ("syndicat"), entrusted with the power to represent it in court. However, Article 664-11 makes it clear that, unless the suit is merely for the recovery of a debt, the administrator ("syndic") must obtain specific prior authorisation from a general meeting of the said co-ownership association ("assem