1 C.L.R. 1987August7 IDEMETRIADES, J 1 CHARIS CHIR0MER1DES, Plaintiff, ν C H R I S T O D O U L O S PAPASTEFANOU Defendant (Application No 69/86) 5 Prerogative orders — Certioran andmandamus — Leave' to apply for—The question iswhether theapplicanthasmadeoutapnma faciecase— Landlord and tenant — Dismissalby aDistrict Judge of an application for an intenm order in an action by a Landlord against his tenant for a breach of covenant on theground thatin view of theRent Control Law 23/83 helacks junsdiction — Leave toapply for theaforesaid orders granted 10 On 22 12 83 the applicant filed an action against his tenant for relief fora breach of acovenant of the tenancy agreement On thesame day he filed an application foran intenm order restraining the tenant from selling videos, videocasettes and other similar goods The application for intenm order was dismissed,on the ground that in the light of Law 23/83 theDistrict Judge, whotried theapplication, had no junsdiction 15 Hence the present application for leave to apply for an order of certioran and mandamus Held, granting the leave applied for
(1)The question atthis stage isnot whether theorderof certioranormandamus shouldbeissued, butwhether m thelightofthematenal beforetheCourt aprima faciecasehasbeenmade out sufficiently tojustify leave to apply for grantingsuch orders 20
(2)Asinthis case such apnma facie case has been made out, the leave applied for would be granted Leave granted Application. Application forleave to applyforan orderofcertiorari forthe 25 purposeofbringingup and quashingthe ordermade by aJudge 417 1 C.L.R. CMromerides v.Papastefanou
(1987)of the DistrictCourt of Nicosia inCivilAction No.7875/83. Chr,Clerides, forthe applicant. Cur.adv. vult. DEMETRIADES J. read the following ruling. This is an application bywhich theapplicant prays- 5 (
- a)for the issue of an order of certiorari to remove into the Supreme Court and to be quashed the order made on the 8th March, 1986, byaJudge ofthe District Court ofNicosiainAction No. 7875/83,by which the application dated the 8th December, 1983, was dismissed, as well as for the annulment of the said 10 judgment and/or order. (
- b)For leave of this Court to apply for and issue an order of mandamus directing the District Judge of the District Court of Nicosiatohearand/or decideinaccordancewiththelawthesaid application by which the plaintiff inthesaid action wasasking for 15 theissueofan interim order. (c)Allother consequential and antecedent directionsbe given. Thegroundsonwhichtheapplicationisbasedarethefollowing: The Honourable Court and/or District Judge wrongly and in excess of hispower refused to issue the interim order applied for 20 and/or alleged thathe possessed nojurisdiction and/orrefused to issue a judgment and/or order and/or ruling on the facts. The Honourable Court and/or Judge gave wrong interpretation to theprovisions of Law23/83and inparticular itssection 4
(1). Thefactsofthecase,astheyappearintheaffidavit ofMr.Charts 25 Chiromerides,datedthe5thSeptember, 1986,arethefollowing: Onoraboutthe22nd December, 1983,hefiledanactioninthe District Court of Nicosia, seeking against his tenant relief for breach of acovenantofatenancyagreement.Onthesamedayan application was filed, by which he was seeking an interim order 3 0 preventingthetenant,hisservantsandagents,from usingtheshop situated at 142{
- z)Strovolos Avenue, for the sale of videos, videocasettesand othersimilargoodswhicharealsosoldbyother tenantsofthe plaintiff. This application was opposed by the tenant.Judge Kronides, 3 5 S.D.J, heard theapplication and dismissed ithavingfound thatin 1C U R . Chiromeridesv. Papastefanou Demetriades Λ. view of the provisions of Law 23/83 he had no jurisdiction totry the case which, by virtue of Law 23/83, had to be transferred to the RentControlCourt. It has been repeatedly said by this Court that in granting or 5 refusing an application for leave to apply for such an order as applied for by theapplicant,theCourthastoexercise adiscretion. The question which 1 have to decide at this stage of the proceedings is not as to whether the order applied for should be issued, but whether, on the material before me, there is a prima 10 facie case made out sufficiently tojustify the granting of leave to theapplicanttomove theCourt,indue course,toissuethe orders of certiorari andmandamus. In the light of the contents of the affidavit accompanying this application and all other material before me, that is copy of the 15 tenancy agreement and the affidavit of the plaintiff in ActionNo. 7875/83 of theDistrictCourtof Nicosia,on thecontentsof which the trial Judge dismissed hisapplication for theissue of aninterim order and, also, having heard arguments from counsel for the applicant, Iamsatisfied thataprimafacie arguable case has been 20 made out for granting the application and Imake the following order: (a)Applicant is granted leave to apply for an order of certiorari and mandamus within one month from today. Any opposition to be filed within one month from service of such application. 25 (
- b)Copy of this order to be sent to the Registrar of the District Court of Nicosia for communicationtothe Judge concerned. No orderas to costs. Applicationgranted. No orderas to costs. 419