clr/1988/1988_1_559.pdf

(1980)1C.L.R. 472; Re Kakos

(1984)1C.L.R. 876; Re Kakos

(1985)1C.L.R. 250; 10 Re Argyrides

(1987)1C.L.R.23* Applications. Applications for leave to apply for orders of certiorari and prohibition for the purpose of quashing the ruling o t t h e District Court of Lamaca in Criminal Case No. 8 9 1 4 / 8 8 and prohibiting 1 5 , the Judges of the above District Court from hearing the said case which isfixed for hearing on 13.10.

1. A. Iacovides, for applicant in Appl. No. 147/
2. £. Vrahimi (Mrs.),for applicant in Appl. No. 148/
3. Cur. adv. vult. 20 HAEUITSANGARIS J. read the following decision. These two applications deal with identical issuesand Ihave decided with the 559 HadjiteangariaJ. InreSiekkerla (198Q5 consentofthepartiestotakethemtogetherandgiveone decision. By the above two applications the applicants pray for leave to apply for an order of: (a) Prohibition, prohibiting the judges of the District Court of Lamaca to continue the hearing of Criminal Case No. 8914/88 which isfixed for hearing on 13.10.
4. 5 (b)Anorder of Certiorari for thepurpose of quashing the ruling of the District Court of Lamaca dated 19.9.88 by virtue of which the said court rejected the application by the applicants to the effect thatthe District Court of Lamaca had nojurisdiction to try 10 the Criminal Case No. 8914/88 and that the proceedings before the said DistrictCourt were illegal. The facts of this case are briefly as follows: On the 24.1.87 the District Court of Lamaca issued an injunction in.civil action No. 195/87 between Heli Air Egypt (J.S.C.) of Egypt v.
5. Reinhard 15 Drescher, of Germany and 2.Olaf SehlipofiGermany restraining the defendants, or their servants and/or agents from removing from the jurisdiction or otherwise disposing the Daulphin SA 365 C2 HelicopterSer.No.5052 situatedwithinthejurisdictionandin particular at the Lamaca airport. Furthermore by the aforesaid 20 order the departure of the said helicopter was forbidden without the written consent oftheplaintiffs. Apparently thesaid helicopter Q^gally departed from Cyprus. On 19.9.1988 Criminal Case No.8914/88 wasfiled againstthe two applicants charging them for contempt of Court for the 25 alleged contravention of the Order of the Court inthe above civil action. On the same daythesaid criminalcaseNo.8914/88 came up before a Senior DistrictJudge of the DistrictCourt of Lamaca and objection was taken to the jurisdiction of the Court by both counsel for the applicants. The learned trialjudge gave hisruling 39 on 19.9.
6. In his sound ruling the trial judge found that he hadjurisdictiontotrythesaidcaseforallegedcontemptofcourtby the applicants. As Ialready stated it isthe allegation of the applicants that the judge in givingthisrulingacted withoutauthority and orinexcess 35 of authority. The question which falls for determination by me at thisstageiswhether there isaprima faciearguable casemade out sufficiently tojustify thegrantingofleavetotheapplicantstomove this court in due course to issue an order of certiorary and 560 1CUR. In re Slekkerls HadJItoangaris J; .prohibition.The Supreme Court atthisstagemustbesatisfied by thematerial before it, if accepted as accurate, that a prima facie case ismade out or an arguable point israised. The expressions «arguable point»and «primafacie case»are used inthe sense ofa 5 case that itissufficient thatthe applicantshouldshowthatthereis abonafidearguablecasewithouttheneedtogointoanyrebutting evidence putforward. InReMalikidesand Others

(1980)1C.L.R. 472, In Re Kakos

(1984)1 C.L.R. 876, In Re Kakos

(1985)1 C.L.R. 250, InReArgyrides

(1987)1C.L.R. 23. 10 At this stage it appears to me that the two applicants have a primafacie arguable casethatthelearnedJudgeactedinexcessof jurisdiction, a fact prima facie apparent on the record and in the circumstances I grant leave to the two applicants to file an application for an order of ceruorary and prohibition. Application 15 to be filed within 15 days from today. Opposition to such application tobefiledwithin15daysthereafter. Copyofthisorder tobe served on the Registrar of the DistrictCourt of Lamaca.All proceedings incriminal case No.8914/88 of the DistrictCourtof Lamaca are hereby stayed. 20 , Applications granted. 561