(1989)1989July 21 (SAWIDES, J ) INTHEMATTER OFANAPPLICATION BYMAROULLA KAVALLARI(ADMINISTRATRIXOFTHEESTATEOF PANAYIOTISKAVALLARISDECEASED)OFLIMASSOL FORLEAVETOAPPLYFORANORDEROFCERTIORARI, AND INTHEMATTER OFADECISION ONAPPEALUNDATED ANDPOSTEDTOTHEABOVENAMEDMAROULU\ KAVALLARI BYLETTERDATED25.1.88BY THEREGISTRAR OF CO-OPERATIVE SOCIETIESANDCO-OPERATIVE DEVELOPMENT,MR.EROTOKRITOSCHLORAKIOTIS. (ApplicationNo. 31/88). Prerogative Orders— Certiorari—Leave to apply for—Principles applicable. The facts ofthiscaseneed notbesummarized. Ingrantingleaveto apply for certiorari, the Court expounded the principles governing such matter. 5 Leave toapply foranorderofCertiorarigranted. Casesreferredto: InRe Constantinou
(1983)1 C.L.R.410; InReKakos(19S5) 1C.L.R,250; InRe Sawa *Pambos»(1986}1C.L.R.518; 10 InRe Kotsonis andAnother
(1986)1C.L.R.634; InRe Hadjisoteriou andAnother
(1985)1C.L.R.387. Application. Application for leave to apply for an order of certiorarito quash the decision of the Registrar of Co-operative Development given on appeal in his capacity of hearing appeals in arbitration awards by virtue of section 53
(4)of Cap. 114. M. Georghiou, for the applicant 394 \$ 1C.L.R. InreKavallari SAWIDESJ.readthefollowing decision.Thisisan application forleavetoapplyforanorderofCertioraritoquash thedecisionof the Registrar of Co-operative Societies and Co-operature Developmentgivenonappeal inhiscapacityofhearingappealsin 5 arbitration awardsbyvirtueofs.53
(4)ofCap. 114, communicated tothe applicant by letter dated 25thJanuary,
- The facts ofthe case are briefly as follows: The applicantisthe administrator of the estate of the deceased Panayiotis Kavallaris late of Lapithos who was a member of the 10 Cyprus School-Teachers Co-Operative Savings Bank Ltd. The deceased had in his credit under a savings account a sum of £2,831.56 plus interest as from 21st August,
- Asa result of the refusal of the said School-Teachers' Co-Operative Savings Bank Ltd. topay thisamount to the administrator on the ground 15 that itwas entitled to keep same asadditional security for a debt due by the deceased and secured bya mortgage a dispute arose. By letter dated 21st May, 1986, the applicant applied to the Registrar of Co-operative Societiesrequesting that the disDiite be referred to arbitration. The dispute was eventually referred to 20 arbitration before Mr. Stelios Papalexandrou who reached his decision on 5th December, 1986,by which the School-Teachers Co-Operative Savings Bank Ltd. was ordered to pay to the applicant thewholeamountstandingtothecredit ofthe deceased inhisaccountof permanent savings. 25 An appeal was filed against the above decision by and/or on behalf of the Cyprus School-Teachers Co-Operative' Savings Bank Ltd. which was fixed for hearing before Mr. Erotokritos Chlorakiotis, the Registrar of Co-operative Societies and Cooperative Development, on the 9th December,
- After the 30 conclusion of the hearing of the case a judgment was delivered and communicated to the applicant byletter dated 25th January, 1988,reversingthedecisionofthearbitratoranddecidingthatthe saiddepositsshould remain withtheSavingsBankasa guarantee ofa frozen debt of the deceased so longasthedebt existed. 35 Itisthecontention ofcounselforapplicantthatthesaiddecision of Mr. Chlorakiotis isinitiated by errors of law on the face of the record inthat; (a)Hewrongly decided thatthe funds inthedeposit accountof 395 SawidesJ. In re Kavallari
(1989)thedeceased should remainwith theSavings Bankasa guarantee of a frozen debt of the deceased so long as thatdebt existed. (b)Hewrongly, unreasonablyandarbitrarily interpretedReg.(
- f)of page 18 of the Regulations of the School-Teachers Co operative Savings Bank Ltd. as meaning that the fixed deposit accounts are a general guarantee for any debt of a deceased member. 5 (
- c)He wrongly evaluated and applied Law 24/79 as well as Laws 4/79 and Law 46/78. (
- d)Inview of his conclusion thatthe deposits of the deceased 10 should not be considered as a guarantee of the debt of the deceased thatwas secured by mortgage Υ 207/72 of theDistrict Lands Registry of Kyrenia, hisdecision iscontradictory, arbitrary, unreasonable and wrong. I neednotrepeattheprinciplesgoverning thegrantingorrefusal 15 of an application for leave to apply for an order of Certiorari as theyhave explicitly been stated inanumberof cases ofthisCourt. See, inter alia, In Re Constantinou
(1983)1 C.L.R. 410; In Re Kakos
(1985)1C.L.R.250; /n/?eSawa*Pamfcos»
(1986)1C.L.R. 518; InRe Kotsonis and Another
(1986)1C.L.R. 634. 20 The principles emanating from such decisions are that firstly there must be shown at this stage that there exists a prima facie case on the face of therecord,thatthe decision was erroneousin pointof law, thatisnotanunanswerable case butanarguable one and, secondly, provided the requisite grounds exist certiorari will 25 lie although a right of appeal has been conferred by statute.(See, in this respect, InRe Hadjisoteriou and Another
(1985)1 C.L.R. 387 atpp. 391-392). The question which has tobe considered by me at thisstage is notwhethertheorderappliedforshouldbe issuedbutwhetheron 30 the material before me there is a prima facie case sufficient to justify the granting of leave to apply for an order of Certiorari, bearing inmindthemeaningthatshouldbeattributedtothewords «prima facie». In the light of thematerial before me 1 am satisfied thata prima 35 facie arguable case has been made out and Imake the following order: (a) The applicant is granted leave to apply for an order of 396 1C.L.R. InreKavallari SavvidesJ. Certiorariwithinonemonth from today.Anyopposition tobe filed within one month from the service of such application. (b)CopyofthisordertobesenttotheRegistrarof Co-operative Societiesand Co-operative Development. Application granted. 397