UK High court stands by Orams ruling
By Simon Bahceli
THE BRITISH High Court has registered a Nicosia court judgment ordering a British woman to demolish the house she built on Greek Cypriot land in the north, Cypriot lawyer Constantis Candounas revealed yesterday.
The move means that the UK courts could now enforce a Nicosia District Court judgment ordering the woman, Linda Orams, to demolish the house she built on Meletis Apostolides’ Lapithos land and return the property to him. If she refuses to do so the UK court could potentially move to seize her assets in the UK.
Speaking at the Nicosia District Court yesterday shortly after Candounas had handed her the notice, Orams appeared calm – despite having arrived at the court believing she was there merely to hear a further adjournment of a contempt of court ruling pending her appeal to the Nicosia Supreme Court against the demolition ruling.
In the event Candounas announced he was dropping the contempt of court ruling, only to replace it with a potentially more ominous threat.
“We expected them to do this,” Orams told the Cyprus Mail. Her Turkish Cypriot lawyer Gunesh Mentesh however expressed surprise at the timing of the notice, which came before a date had even been set for Orams’ appeal to the Nicosia Supreme Court against the original district court judgment.
Mentesh signalled Orams would appeal to the UK court against the ruling. He has already filed an appeal on Orams’ behalf with the Nicosia Supreme Court.
“They have served a notice on Mrs Orams that they have registered the Nicosia court order in the High Court in England, which means we have two avenues now. One is to pursue the court of appeal case here, plus we have one month to appeal to the order that has been registered in England,” Mentesh told the Mail.
The notorious Orams case is seen widely as a test case against foreign residents living in Greek Cypriot properties their inhabitants were forced to abandon following the Turkish invasion of the island in 1974. If Orams loses the case, it will constitute a potentially massive blow to the thriving sales of Greek Cypriot properties in the north. Conversely, if she wins, it could greatly set back efforts by Greek Cypriot refugees to regain their properties in the north.
Yesterday Orams expressed confidence she would emerge victorious if the case is heard in the UK, telling the Cyprus Mail, “I think they’ll have a broader picture and be more objective. Here everyone is so embroiled”.
Asked what she would tell the British court in her defence she said, “We followed all the laws and rules of north Cyprus when we bought the property. We obeyed all local customs and usage. In our eyes we’ve done no wrong and we still feel it’s a political problem and not one between individuals. We hope that eventually politicians on both sides sort something out”.
Apostolides appeared delighted yesterday that the British courts had agreed to handle the case.
“It is difficult to hide my emotion. We are a step closer to our target. British courts have an excellent tradition of enforcing justice,” he told the Mail.
Asked whether he might not be taking unnecessary risks by allowing the British to rule on a matter to close to the hearts of Cypriots, Apostolides said, “The fact that we are resorting to the British courts means we have the greatest respect”.
He added that he was determined to return to live on his Lapithos property, part of which has been built on by Orams and her husband David.
Responding to Orams’ contention that she had bought his property in good faith Apostolides said, “It is hard to believe people are so naive. They knew about the situation and yet they chose to do what they have done”.
Candounas added, “I believe they knew and took a calculated risk. I’m not saying this in relation to this particular case but I tend to believe this more often than not”.
It remained unclear yesterday if Orams will receive legal aid from the Turkish Cypriot authorities to fight her case in the UK, but legal sources told the Mail Candounas was “absolutely furious” that the Cypriot government had rejected a request for aid for his client. Candounas declined to comment on the matter.
http://www.cyprus-mail.com/news/
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Good news! I guess one way or another things will be sorted out through legal procedures.