The Supreme Court of Cyprus, with its recent ruling dated 09.07.2020, has provided an applicant with the necessary leave to file an application against the Registrar of Companies seeking the issue of the prerogative order of Mandamus, by which the Registrar of Companies will be compelled to execute a duty that they are legally obligated to complete.
A writ of Mandamus is also issued when a lower court or a governmental body or agency is ordered to complete a duty to uphold the law or to correct an abuse of discretion.
In the aforesaid case, the Supreme Court was satisfied that there remained no alternative remedy for the applicant in relation to the prima facie unreasonable denial of the Registrar of Companies to proceed with an application for the removal of the existing directors of a Cypriot Company and their subsequent replacement and appointment of a new Board of Directors.
In its judgement, the Supreme Court emphasised that it had the necessary jurisdiction to issue the writ of Mandamus, since it was satisfied that the matter before it fell within the scope of private law, as opposed to public law.
The above ruling is significant in that it shows that the Court will be willing to exercise its discretion in favour of the issue of a writ of Mandamus in instances whereby an applicant is essentially left with no alternative remedy to vindicate his rights, which are being unreasonably prejudiced, even though a ‘distinct demand’ had already been brought forward before the governmental body.