Supreme Court grants leave for certiorari against criminal judge's order cancelling land registration in Cyprus.

[*220] 1970 February 19

(JOSEPHIDES, J.)

EXCLUSIVE JURISDICTION

In The Matter of the judgment of the President

of the District Court of Famagusta in Criminal

Case No. 9093/68, dated the 4.10.69,

and

In The Matter of an application by Loukia

Kyriacou Christou Maroulleti for leave

to apply for an order of certiorari,

(Civil Application No. 2/70).

Certiorari -Application for leave to apply - Grant of, leave - Principles applicable - Order for cancellation of registration of land; and order for registration of same land in the name of the Government of Cyprus - Whether in excess of jurisdiction of trial Judge in a criminal case.

L. Papaphilippou, for the Ex Parte Applicant.

RULING

The following ruling was delivered by:-

JOSEPHIDES, J.: This is an application for leave to file an application for an order of certiorari [*221] quashing the following order made by the President of the District

Court of Famagusta on the 4th October, 1969, in Criminal Case No. 9093/68:

"I further order that the existing registration No. 8257, dated 20.4.60, of the Lands Office of Famagusta, in the name of accused 1, to wit, Exh. 4 in the Land Register, Exh. 9, be cancelled forthwith, and that this property, i.e. plot 92, Block 'B' Ay. Ioannis Qr., Famagusta, be registered in the books of the Lands Office of Famagusta in the name of the Government of Cyprus i.e. now the Republic of Cyprus".

In that case the p resent applicant was convicted on three counts as follows: (1) For conspiring with another person, that is, the District Lands Officer at the time in Famagusta, to commit a misdemeanour, that is, to obtain registration of a piece of land under plot No. 92 of Block 'B' of Ayios Ioannis Quarter, Famagusta, by false pretences (contrary to sections 372 and 35 of the Criminal Code, Cap. 154) ;

(2) for obtaining registration by false pretences of the aforesaid plot (contrary to section 305 of the Criminal Code, Cap . 154) ; and (3) for conspiring to defraud the Government of Cyprus, that is, obtaining registration of the plot in question, the property of the Government of Cyprus, valued at £1,6,500.- (contrary to section 302 of the Criminal Code).

Along with the present applicant the

District., Lands Officer at the time was also convicted on the first [*222] and third counts, in addition to other counts. The present

applicant was sentenced to pay a fine of £300 on the third count, plus costs, but no sentence was passed on her on the first two counts. The District Lands Officer was fined £500 plus costs. After imposing these sentences the learned trial Judge went On to make the order challenged in the present. proceedings, which has been quoted earlier in this judgment. No appeal was lodged and the time for appeal has expired.

At the material time the plot in question appears to have been recorded in the Government Tax Register in the name of "Succession of John Langdon", but no name was recorded in the Land Register.

The question which falls for determination by me at this stage is whether there is a prima facie case made out sufficiently to justify the granting of leave to the applicant to move this Court in due course to issue an order of certiorari. As I had occasion to state in previous proceedings of this nature, it is not necessary for me to go now into the matter thoroughly, but it is sufficient if on the face of the applicant’s statement, and the affidavits in support, the Court is satisfied that such leave should be granted (see e.g. Ex parte Costas Papadopoullos (1968) 12 J.S.C. 1447).

At this stage it would appear that the applicant has a prima facie arguable case that the trial Judge may not have had power or jurisdiction to make the order, or part thereof, which he did make on the 4th October, 1969, in the above-mentioned criminal proceedings. [*223]

In these circumstances, I grant leave to the applicant to file an application for an order of certiorari. Meantime I direct that all proceedings in execution of the aforesaid order dated the 4th October, 1969, be stayed pending the hearing and determination of the application for an order of certiorari or until further order.

Leave to apply for

an order of certiorari

granted.