1 C.L.R. 1981 October 22 [TRIANTAFYLUDES, P., L. LOIZOU, HADJIANASTASSIOU, JJ.] ANDREAS CHRYSOSTOMOU, Appellant, v, PHILIPPOS ATHANASSIOU, ^ Respondent. (Civil Appeal No. 6208). 5 10 15 20 Civil Procedure—Execution—Instalment Order—Part IX of the Civil Procedure Law, Cap. 6—Judgment debtor entitled to be allowed toprovidefor the essential needs of himself and his family —Smoking not among the necessaries of life—Amount spent on smoking could properly be taken into account in deciding whether to make or not an instalment order. The trial Court dismissed an application made by the appellant, under Part IX of the Civil Procedure Law, Cap. 6, for an order that the respondent should pay a judgment debt of C£l,398.610 mils, plus £105.250 mils costs by instalments, having held that the financial situation of the judgment debtor was very bad. At thehearing of the application in question.it was established before the trial Judge that the respondent, notwithstanding his financial difficulties, spent about C£15.—a month on cigarettes and the trial Judge appeared to have thought that he was not entitled to treat this amount of C£15.—as an unnecessary expense which would justify making an order for payment of thejudgment debt by means of monthly instalments commensurate to what the respondent spent, approximately, on cigarettes every month. Upon appeal by the judgment-creditor: 25 Held, that what a judgment debtor is entitled to be allowed to provide for are the-essential needs of himself and of his family (see Kokoni v. Ioannides
(1963)2 C.L.R. 468 at p. 473); that thus, it is clear, by implication, that no order for the payment 669 Chrysostomou v. Atbanassiou (mi) of a debt, by monthly instalments, should, or can properly, be made when it would interfere with the capability of the judgment debtor to meet the essential needs of himself and of bis family; that the smoking of cigarettes is not to be treated as being among the necessaries of life (see RolandisLouca & 5 Soteriades Ltd. v. Koutsiou
(1970)1C.L.R. 25 at p. 28); that, therefore, it was proper to take intoaccount that the respondent was spending, approximately, C£15 monthly on cigarettes and that this was an expense, which, in the light especially of the modern approach to the smoking of cigarettes, was devoted 10 to the satisfaction of a harmful addiction; that the respondent had to try toget rid of suchaddiction, or to limit it to theminimum so that hecould beenabled to pay to the appellant acommensurate amount in respect of thejudgment debt in question; accordingly an order that the respondent should pay C£12 per 15 month to the appellant bywayof monthly instalments ishereby made. Appeal allowed. Cases referred to: Kokont v. Ioarmides
(1963)2 C.L.R. 468 at p. 473; 20 Rolandis, Louca & Soteriades Ltd. v. Koutsiou
(1970)1 C.L.R. 25 at p. 28. Appeal. Appeal by applicant against the judgment of the District Court of Nicosia (Artemides, S.DJ.) dated the 23rd December, 25 1980 (Action No. 5331/77) dismissing his application for an order that the respondent should pay a judgment debt by monthly instalments. N. Zomenis, for the appellant. G. Michaelides, for the respondent. 30 Cur. adv. vult. TRIANTAFYLLIDESP. read the followingjudgment of the Court. This is an appeal against the judgment of the District Court of Nicosia dismissing an application made by the appellant, under Part IX of the Civil Procedure Law, Cap. 6, for an order 35 that the respondent should pay a judgment debt by monthly instalments. 670 1 C.L.R. Chrysoetomoo v. Athanassioa Trfantafyilldes P. The judgment debt came into existence on March 14, 1979, and consists of C£l, 398.610 mils, plus £105.250 mils costs. The trial Judge found that the financial situation of the respondent,whoisthejudgment debtor, isverybad and refused 5 to make against him any order for the payment by him of the said judgment debt by monthly instalments. Thisisindeedaveryunfortunate casebecauseboththeappellant, who is the judgment creditor, and the respondent are refugses and are facing grave financial difficulties, 10 There is one point in respect of which we cannot agree with the trial Judge: Itwasestablishedbefore him,atthehearingofthe application in question, that the respondent, notwithstanding his financial difficulties, spends about C£15 a month on cigarettes and the 15 trial Judge appears to have thought that he was notentitledto treat this amount of C£15 as an unnecessary expense which would justify making an order for payment of the judgment debt by means of monthly instalments commensurate to what the respondent spends, approximately, on cigarettes every 20 month. In the case of Kokoni v. Ioannidesy
(1963)2 C.L.R. 468, whiledealingwithamatterofthepaymentofadebtbymonthly instalments,itwaspointed out (at p.473)that what ajudgment debtor isentitled to be allowed to provide for are the essential 25 needsofhimselfandofhisfamily;thusitisclear,byimplication, that noorder for thepaymentof adebt,bymonthlyinstalments, should, or can properly, be made when it would interfere with the capability of the judgment debtor to meet the essential needs of himself and of his family. 30 In the case of Rolandis, Louca&Soteriades Ltd. v. Koutsiou,
(1970)1 C.L.R. 25, it was quite rightly observed (at p. 28) thatthesmokingofcigarettesisnottobetreatedasbeingamong the necessaries of life. In the light of all the circumstances of this case and of the 35 above judicial pronouncements we are of the opinion that it wasproper totakeintoaccount thattherespondent isspending, approximately, C£15 monthly on cigarettes and that this is 671 Triantafyllides P. Chrysostomou v. Atfaanassiou
(1981)anexpense,which,inthelightespecially ofthemodern approach to the smoking of cigarettes, is devoted to the satisfaction of a harmful addiction. We think that the respondent has to try to get rid of such addiction, or to limit it to the minimum, sothat he can be enabled to pay to the appellant a commensu- 5 rate amount in respect of the judgment debt in question. We, therefore, make an order that the respondent should payC£12permonth,asfrom December 1,1981,—withtendays' grace on each occasion—to the appellant, by wayof monthly instalments for the satisfaction of thejudgment debt concerned. 10 In the result this appeal is allowed with costs. Appealallowed with costs. 672