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Orams lose appeal in UK over Northern Cyprus
THE COURT of Appeal has handed down its judgment in the case of Apostolides v Orams. The Court of Appeal has decided in favour of Meletis Apostolides, a statement from his lawyers said.
The present appeal is final, it added, and a further appeal to the Supreme Court of the United Kingdom is not permitted.
The judgment provides that the Cyprus judgments be registered and enforced in the UK. The Cyprus Court had made a number of orders against David Orams and Linda Orams, regarding land in Lapithos belonging to Apostolides. In particular, the Cyprus Court ordered that the Orams should:
- Cease trespassing on the land belonging to Apostolides;
- Deliver up possession of the land to Apostolides;
- Pay ‘mesne profits’ (effectively, rent) to Apostolides in respect of the period of their occupation;
- Knock down the villa and fencing they had built on the land; and
- Pay certain sums in respect of Apostolides’s costs of the proceedings.
The Orams will also be ordered to pay the legal fees incurred by Apostolides, regarding the London and Luxembourg proceedings.
“This judgment has determined in a final way that the legal rights of displaced Cypriots against trespassers, as determined by the Courts of the Republic of Cyprus, can be enforced in the United Kingdom,” said the statement from lawyer Constantis Candounas.
“Mr. Apostolides feels totally satisfied that the European institutions have safeguarded his right to have his human rights to property enforced throughout the Union. He had placed his trust in British Justice and has never felt that this was misplaced.”
Candounas said the ruling is expected to act as a future deterrent for speculators in stolen Cypriot properties, as well as those willing to take small or bigger risks.
“The way is now open for all Greek Cypriots whose properties have been usurped by other EU nationals, to take legal action and enforce Cyprus judgments against such trespassers in the United Kingdom and other EU countries,” his statement said.
Courtesy of the Cyprus Mail
The present appeal is final, it added, and a further appeal to the Supreme Court of the United Kingdom is not permitted.
The judgment provides that the Cyprus judgments be registered and enforced in the UK. The Cyprus Court had made a number of orders against David Orams and Linda Orams, regarding land in Lapithos belonging to Apostolides. In particular, the Cyprus Court ordered that the Orams should:
- Cease trespassing on the land belonging to Apostolides;
- Deliver up possession of the land to Apostolides;
- Pay ‘mesne profits’ (effectively, rent) to Apostolides in respect of the period of their occupation;
- Knock down the villa and fencing they had built on the land; and
- Pay certain sums in respect of Apostolides’s costs of the proceedings.
The Orams will also be ordered to pay the legal fees incurred by Apostolides, regarding the London and Luxembourg proceedings.
“This judgment has determined in a final way that the legal rights of displaced Cypriots against trespassers, as determined by the Courts of the Republic of Cyprus, can be enforced in the United Kingdom,” said the statement from lawyer Constantis Candounas.
“Mr. Apostolides feels totally satisfied that the European institutions have safeguarded his right to have his human rights to property enforced throughout the Union. He had placed his trust in British Justice and has never felt that this was misplaced.”
Candounas said the ruling is expected to act as a future deterrent for speculators in stolen Cypriot properties, as well as those willing to take small or bigger risks.
“The way is now open for all Greek Cypriots whose properties have been usurped by other EU nationals, to take legal action and enforce Cyprus judgments against such trespassers in the United Kingdom and other EU countries,” his statement said.
Courtesy of the Cyprus Mail