Supreme Court orders new trial because dismissal for lack of legitimate interest depends on unresolved factual issues.
Zypern (CY)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court set aside the lower court's dismissal of the appellant's recourse due to a lack of legitimate interest. The Court determined that this legal conclusion relied heavily on factual findings regarding witness credibility that the trial judge had not made. Consequently, the Court deemed it unsafe to decide the case on the existing record and ordered a new trial to resolve these underlying facts.
Legislator-Regeste
KI-generiertArticle 146(2) of the Constitution; When the determination of a party's legitimate interest under Article 146(2) of the Constitution depends on unresolved factual issues regarding witness credibility, the Court of Appeal must order a new trial rather than dismiss the recourse.
Schlagwörter
KI-generiertZitierte Gesetzesbestimmungen
KI-generiertVerwandte Entscheide
KI-generiertVolltext
[*1059] 1971 July 5
(TRIANTAFYLLIDES, P. , L. LOIZOU, HADJIANASTASTASSIOU,
A, LOIZOU, JJ. )
APPELLATE JURISDICTION
Timotheos Demetriou,
Appellant,
and
The Republic of Cyprus, through
1. The District Officer Nicosia-Kyrenia,
2. The Ministry of Agriculture,
Respondents.
(Revisional Jurisdiction Appeal No.80).
New trial - Legitimate interest - Article 146.2 of the Constitution - Dismissal of recourse because of absence of legitimate interest - Existence of such interest found to be closely connected with factual issues regarding which no findings were made by trial Court - It being impossible and unsafe for Court of Appeal to make such findings on the basis of the record, new trial ordered.
Constitutional Law - Article 146.2 of the Constitution - Legitimate interest.
A. Triantafyllides, for the Appellant.
L. Loucaides, Senior Counsel of the Republic, for the Respondents.
K. Michaelides, for the Interested Party.
JUDGMENT
The judgment of the Court was delivered by:-
TRIANTAFYLLIDES. P.: At this stage, having heard [*1060] counsel for the appellant, the respondents and the interested party on the issue of the existence or not of
appellant’s legitimate interest (in the sense of Article 146(2) of the Constitution), we agree with counsel for the appellant
and the respondents that the view about the absence of such legitimate interest, on the basis of which the recourse of the appellant was dismissed, is closely connected with factual issues regarding which no findings were made by the judgment appealed from; and, in our opinion, it is impossible and unsafe for this Court to make such findings on the basis only of the record before us, especially as there are involved, inter alia, questions of credibility of witnesses.
Counsel on both sides agree that the best course out of this difficult situation would be a new trial of the case. Counsel for the interested party is today absent abroad - (with our permissi
on) - but we think that the interests of his client will be sufficiently safeguarded if the new trial takes place on the basis of the existing record subject to the right of all parties to have recalled any witness, call any new oral evidence, produce further documentary evidence, and advance any arguments properly open to them within the framework of the case.
We, therefore, order that the judgment appealed from be set aside and that there shall be a new trial before another Judge of this Court, with all costs of the first trial, other than any costs for which a specific order was made, [*1061] being costs in the cause at the new trial·
We have decided to make no order as to the costs of this appeal.
Appeal allowed; new trial ordered;
order for costs
as aforesaid.