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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V11) 1 CLR 56
1922 February 2
[FISHER, C.J. AND STUART, P.J.]
IOANNIS STAVRINOU
v.
SYMEON IOANNOU.
PRE-EMPTION-FORMALITIES-VOLUNTARY ABSENCE OF CLAIMANT.
Appeal by Plaintiff from judgment of the District Court dismissing the action on the grounds that Plaintiff had failed to carry out the formalities of the law.
The facts are as follows:-
Plaintiff, a Shefi of the house in question, was voluntarily absent in Morocco, leaving a wife resident in Cyprus. He returned to Cyprus in 1920. The house was bought by Defendant in the year 1916. Defendant was himself also a Shefi of the whole house, and therefore Plaintiff could, at most, claim half of the house.
The District Court held Plaintiff failed to carry out the formalities of the law, in that Plaintiff failed to make a first claim at all and when he made his formal second claim he failed to mention that he had ever made a first claim.
For Appellant Artemis.
For Respondent Chrysafinis.
HELD: Upholding the District Court that the formalities were not strictly carried out by Plaintiff and that the law affecting pre-emption must be construed strictly.
SEMBLE: That persons voluntarily absent from Cyprus should leave a representative to look after their interests during such voluntary absence.
Appeal dismissed with costs.