http://business.timesonline.co.uk/tol/b ... 949552.ece said
Cyprus villa fight to go to European court
Times Online and PA
The Lord Chief Justice indicated today he will refer a legal fight over a retired British couple’s dream holiday home in Cyprus to the European Court of Justice.
Landowner Meletios Apostolides had taken the case to the Court of Appeal after David and Linda Orams won a High Court ruling that two judgments of the District Court of Nicosia in the Athens-backed Republic of Cyprus could not be enforced.
Mr Apostolides, who had fled during the 1974 invasion by Turkey in response to a military coup on the island, had owned the plot on which the Orams had built their villa at Lapithos in the Turkish-controlled north of the island.
Mr Oram, 62, and his 60-year-old wife moved into the villa in 2003, but the following October they were served with a claim by Mr Apostolides.
The judgment later won in Nicosia by Mr Apostolides, capital of Greek-controlled Cyprus, ordered them to demolish the villa, return the land and pay him damages.
This had no legal force in the Turkish Republic of Northern Cyprus which does not recognise the Republic of Cyprus, so his lawyers used EU legislation to apply to the High Court in London.
The couple’s counsel, Cherie Booth, QC, had argued that they bought the land from the registered owner in accordance with the laws and land registry system of the Turkish-controlled north.
Today, Lord Phillips, the Lord Chief Justice, sitting with Lords Justices Auld and Tuckey, gave her until tomorrow morning to submit questions which will be referred to the Luxembourg court.
Tom Beazley, QC, representing Mr Apostolides, was asked to submit his questions for the judges in Europe.
The case was adjourned until tomorrow.
Have your say
How can any Turk lay claim to land illegally occupied under a military occupation of a portion of Cyprus for which the illegal government is not recognised by any Government in the entire World except the Turkish Government. Not only that but this Turk then SOLD the land over which there was no legal rights to an innocent British couple. Two wrongs DO NOT and never will MAKE A RIGHT .....
JS, Singapore,
how can any greek lay claim to land in Turkish Cyprus? This would set a dangerous precedent for all land to be taken back through the courts.
KL, Istanbul, Turkiye[quote][/quote]