1 C.L.R. 1988October 29 (KOURRiS.J ) IN THE MATTER OF AN APPLICATION BY THE ATTORNEYGENERAL OF THE REPUBLICONBEHALFOF THE DIRECTOR OF L.R.O.,FOR LEAVE TOAPPLY FOR ANORDER OF CERTIORARI AND IN THEMATTEROFORDERSOFTHEDISTRICTCOURTOF NICOSIA DATED5.12.87AND16.2.88INAPPLICATIONNO.65/87. (AplicationNo. 173/88). Prerogative orders —^Certiorari—Leave to apply for— Principles applicable. -^~ 5 Mo~tgages— Cancellationof — Orderfor, twiceamended upon ex parte applications — Prima facie case justifying leave to apply for certioranquashingsuch amending orders. tJtaturalJustice— Orderforcancellationofmortgagetwiceamended upon ex parte application— Prima faciecasejustifying leave to apply for certiorariquashingsuch amending orders. Leave toapply forcertiorarigranted. 10 The facts of this case sufficiently appear in thejudgment ofthe Court. Cases referred to: A-G v.Christou, 1962 C.L.R. 129; * ExParte CostasPapadopoullosΠ968) 1C.L.R.66; 15 Re NinaPanaretou
(1972)1C.L.R.165; Re Kakos
(1985)1C.L.R.
- application. Application for leave to apply for an order of certiorari for quashing two orders of the DistrictCourt of Nicosia dated 5.12.87 20 and 16.2.88 inAppl. No. 65/
- 623 In re Attorney-General
(1988)Gl HadjiPetrou, for the applicant. Cur.adv.vult. KOURRISJ. readthefollowingjudgment.Thisisan application for leave to apply for an order of certiorari for the purpose of quashing two orders ofthe DistrictCourtofNicosia dated5.12.87 5 and 16.2.88, inApplication No.65/
- The facts of the case asthey appear from the affidavit sworn in support of the Application by M.Tsangarides, Lands Officer, Is* Grade, are as follows:Onthe 15thAugust, 1987,anapplication bysummonswasfiled 10 for thecancellation of amortgage under Law9/65 and aJudgeof the District Court of Nicosia granted the application. On the 5th December, 1987, the applicant in that application filed an ex-parte application for the amendment of the order granted on the 17th September, 1987 and the same Judge 15 granted the order amending theprevious order. Again, on the 1st February, 1988, the applicant in that application filed another ex-parte application for the amendment of the original order granted bythe Court. The same Judge again amended thesaid orderon the 16th February,
- 20 Subsequently, theapplicantinthatapplication receivedbypost an order of the Court in respect of her application by which the learned trial Judge cancelled the two amendments and restored the order in its original form on the 17th September,
- It should be noted that this order was the subject of an application 25 for certiorari under No.95/88, filed onbehalf of Eleni Kyriakidou and was quashed on the ground of breach of the rules of natural justice and also on the ground that the learned Judge acted in excess ot jurisdiction in that he made the order without being moved byanyone. Counsel for the applicant inthepresent application argued tha. the orders of the Court dated 5th December, 1987 and 16th February, 1988, under consideration, were made without affording an opportunity tothe applicant tobe heard inbreach of the rules of natural justice. Counsel also contended that the 35 learned Judge acted in excess ofjurisdiction in that he made the order contrarytosections 4 , 5 , 8,28 and 36 of Law 9/
- 624 30 1C.L.R. InreAttorney-General KounrUJ. The question which falls for determination byme, atthisstage, is whether there is a prima facie arguable case made out sufficiently tojustify thegranting of leavetotheapplicantto move this Court in due course to issue an order of certiorari. It is not 5 necessaryformetogointothematterthoroughly butitissufficient if on the basis of the applicant's statement and the affidavit in support, the Court issatisfied that such leave should be granted. (See, Attorney-General v. Panayiotis Christou 1962 C.L.R. 129atpp. 133 and 134;Ex-ParteCostasPapadopoulos
(1968)1 10 C.L.R.66;InReNinaPanaretou
(1972)1 C.L.R. 165;InRe Kakos
(1985)1C.L.R. 250). I have considered the argument of learned counsel for the applicant and, atthisstage, itwould appear that the applicant has a prima facie arguable case that there has been a breach of the 15 rules of natural justice and also an error on the face of the proceedings and, in the circumstances, I grant leave to the applicant to file an application for an order of certiorari within 15 daysfrom today. Application granted. 625