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Efthymios Hadji Michael v. Katerina Tianni Kouroushi (1965) JSC 283 Generato dall'IA

Appeal dismissed because appellant failed to prove trial court's fact findings were impossible on the evidence.

Numero d'incarto Efthymios Hadji Michael v. Katerina Tianni Kouroushi (1965) JSC 283
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Respinto (Dismissed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court dismissed the appeal against a judgment awarding damages for crop damage caused by herbicide. The appellant argued the trial judge erred in finding the defendant's weed-killer damaged the plaintiff's crop, but the court noted sufficient evidence supported the trial judge's conclusion. The court held that the appellant failed to positively demonstrate the trial court's fact-finding was impossible given the evidence presented.

Regesto Legislator

Generato dall'IA

Civil Procedure Act; Evidence Act: An appellant must positively show that the trial court's findings of fact could not have been made on the evidence before that court for an appeal to succeed.

Parole chiave

Generato dall'IA
appeal against findings of fact burden of proof on appeal herbicide crop damage trial court fact-finding impossibility of fact finding garanzia di un equo processo diritto di ottenere una decisione decisione motivata

Giurisprudenza citata

Generato dall'IA
Dafnis Thomaides & Co., Ltd., v. Lefkaritis Bros. (1965) 1 J.S.C, p. 55
(Dafnis Thomaides & Co., Ltd., v. Lefkaritis Bros. (1965) 1 J.S.C, p. 55).
Andreas Christodoulou Phoulis v. Polycarpos Aristidou and others, (Civil Appeal No. 4429)
Learned counsel referred us to a similar case decided an appeal, in June 1963; the case of Andreas Christodoulou Phoulis v. Polycarpos Aristidou and others, (Civil Appeal No. 4429)* where a claim for damage to a neighbouring crop by herbicide, failed.
Generato dall'IA
CY-AAD-meros_3-1983-rep-1983_3_0903
Supreme Court dismisses appeal against trial judge's fact-finding on witness credibility in property dispute.
CY-AAD-meros_1-1983-rep-1983_1_0903
Supreme Court dismisses appeal against trial judge's fact findings on witness credibility in property dispute.
CY-AAD-meros_2-1973-rep-1973_2_0068
Supreme Court dismisses appeal against conviction for permitting unlicensed tractor use, upholding trial judge's credibility findings.
Έφεση Αρ. 280/2007
Cypriot Supreme Court allows appeal against trial court's expert witness credibility finding and remands case for retrial.
CY-AAD-meros_2-1970-rep-1970_2_0058
Cypriot Supreme Court dismisses appeal against conviction for driving without due care, upholding trial judge's credibility findings.

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Testo completo

[*283] 1965 March 26

(VASSILIADES, TRIANTAFYLLIDES, MUNIR, JJ.)

APPELLATE JURISDICTION

Efthymios Hadji Michael, of Pyla,

Appellant-Defendant,

v.

Katerina Yianni Kouroushi, of Pyla,

Respondent-Plaintiff.

(Civil Appeal No. 4495).

Practice - Appeal - Findings of fact by trial Court - Failure of Appellant to show positively to Appellate Court that findings of fact by trial Court could not have been made on the evidence before such Court - Plainly open to trial Judge to find as he did - Previous decision distinguished.

G. Pikis, for the Appellant.

A. Haji Ioannou, for the Respondent.

JUDGMENT

VASSILIADES, J.: We find it unnecessary to call on the respondent in this case. On the findings of fact made by the trial-Judge and set out in his judgment, the appeal cannot succeed. On the facts as found, the respondentplaintiff is entitled to judgment. To succeed in this appeal, the appellant has to show positively to this Court, that the findings of fact upon which the judgment was based, could not have been made on the evidence before the court. (Dafnis Thomaides & Co., Ltd., v. Lefkaritis Bros. (1965) 1 J.S.C, p. 55). [*284]

Learned counsel for the appellant tried to show that the finding of the trial Judge that respondent’s crop was damaged by the weed-killer which the defendant admittedly used on his neighbouring property, was wrong and should be set aside. Counsel had a very difficult case to argue, on the record before us. We unanimously take the view that it was plainly open to the trial Judge to find as he did. And, as I have already said, upon these findings the judgment must be sustained.

Learned counsel referred us to a similar case decided an appeal, in June 1963; the case of Andreas Christodoulou Phoulis v. Polycarpos Aristidou and others, (Civil Appeal No. 4429)* where a claim for damage to a neighbouring crop by herbicide, failed. But in that case the plaintiff failed in the District Court, because there was no evidence to connect the damage to plaintiff’s crop with the herbicide used by the defendant. Here the position is precisely the reverse, There was such evidence in this case, which the trial Court accepted and found for the plaintiff accordingly. The result, therefore, naturally, followed in the present case the finding, same as it did in the other case. The appeal in this case, same as in that case, must fail and be dismissed with costs. Order accordingly.

Appeal dismissed with costs.

* Not yet reported.