Enforcement of a statutory duty
It may be ordered by applying for a writ of mandamus to the Supreme Court
Every person exercising public authority must properly apply the law for the benefit of the ...
Articles
Renewal of a writ of summons
A writ of summons is valid for 12 months unless it is renewed by a court order
There is often a need to renew a writ of summons, which is valid ...
Certification of forged power of attorney
Equivalent to participation in defrauding a property owner and taking away their property
The lack of adequate supervision and control of certifying officers provides the possibility of defrauding owners of ...
Enforcement of an award on an arbitration agreement
The arbitration clause in any agreement such as the provision of services, contracting, sale or rental of immovable property or agreement with any other object, is the basis for referring ...
Disputed amount and substantive jurisdiction of the Court
The civil jurisdiction of the District Courts is determined by article 22 of the Courts of Justice Law, 14/1960, following the general and specific instructions issued by the Supreme Court. The President ...
The Court of Appeal does not review its decisions
The powers vested in the Court of Appeal do not give it jurisdiction to review its decisions or orders, except in rare cases, where it can set aside a decision ...
Defrauding a judgement creditor
If there is an act of defraud, the Court will issue an order for the payment of the due installments as monetary penalty
Failure of the judgment debtor to pay ...
Arbitrators adjudicate disputes and not claims
It is permissible to adjudicate disputes mentioned in the referral notice and not other claims
The jurisdiction of an arbitrator should be limited to adjudicating disputes which are the subject ...
Issuance of a contradictory order of the court
The existence of an eviction order does not permit a new order to be issued without annulling the original one
When a court order is issued to recover possession of ...
Noise pollution from entertainment venues
A court may order that noise pollution be prohibited, except at the times and volume permitted by a licence from the competent authority
The operation of an entertainment venue requires ...
Surety for issuance of an order without notice
No interim order is issued unless a guarantee is provided in favour of the person against whom the order is sought
The court within the scope of its powers, upon ...
Appointment of a receiver or manager of the property of a company
It is a contractual right and is not subject to validation by the court or approval or acceptance by the registrar of companies
The security afforded to a company creditor ...
Intention to transfer property to enclaved buyer
The director of the land registry notifies each affected person of his intention to transfer the property to the enclaved buyer
When examining an application by an enclaved purchaser, if ...
Recourse against a town planning and a building permit
ΤΗΕ building development seen in towns with the construction of apartment buildings between houses is now a necessity due to the lack of available plots. The adverse effect on amenities such ...
An arbitration clause survives in statutory tenancy
A clause in a tenancy agreement referring a dispute to arbitration survives in statutory tenancy
The parties in any contract, including a tenancy agreement, may include a term providing that ...
Violating the right of access
The right of access is attached to the property granted and its violation constitutes trespass
The right of access granted through a neighbouring to an enclaved property is an easement ...
Donation agreement between parent and child
The donation agreement should be simple, clear and without reservations
A parent wishing to transfer property to a child should not leave pending matters which may create disputes between their ...
Insufficient protection of landlord against rent default
The law does not provide a mechanism for the collection of rent deposited with the court
The owners of properties subject to the rent control law are not sufficiently protected, ...
The real estate market determines rental values
Prevailing real estate market conditions affect rental values of properties accordingly, though for those subject to rent control there is the protection of the court. Determination of fair rent in ...
Laches in taking legal steps
The defence of laches must state the adverse effect on the defendant
Taking legal steps on time in pursuing a right protects a plaintiff from the defence of statutory limitation ...
Revocation of a public tender
It is justified for reasons of public interest provided it does not violate the principles of good administration
The revocation of a public tender is a serious act and the ...
Liability in an informal partnership
A partner is personally liable for fulfillment of obligations of the partnership
A partnership is formed by people conducting joint business for profit and is not considered to have a ...
Lease subject to the sale of a property
A condition in a lease agreement that in the event the property is sold the lease will be terminated is applicable
If a remedy is pursued in an application for ...
Right of tenant to file a reply
The tenant can apply to the rent control court for leave to file a reply
A tenant’s right of access to the Rent Control Court when arrears of rent ...