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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V11) 1 CLR 52
1921 December 6
[FISHER, C.J. AND STUART, P.J.]
YIOUSUF ZIA MOUSTAFA
v.
THE KING'S ADVOCATE.
JURISDICTION—FORM OF ACTION AGAINST THE EVQAF DEPARTMENT—C.C.J.O. (1910) CLAUSE 2.
A full District Court (three Judges) tried the above action and gave judgment for Defendant, from which judgment the Plaintiff appealed.
For Appellant Chrysafinis.
For Respondent the Assistant King's Advocate.
HELD: That inasmuch as Clause 2 of the C.C.J.O., (1910) requires actions against the Government to be treated in all respects as foreign actions, the Court, which tried the action and gave judgment, had no jurisdiction to do so. We do not say that we are finally deciding that in all actions brought against the Delegates of Evqaf the King's Advocate must be named as the Defendant, but we hold that where he is so named the action must be tried as a foreign action.
We therefore allow the appeal and remit the case to the District Court for trial by the President.