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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V12) 1 CLR 82
1926 June 21
[NETTLETON, C.J. AND DICKINSON, P.J.]
SAID MOULLA
v.
AHMED RASHID.
ART. 213 OF THE ORDER IN COUNCIL, 1882-MEHKEME I SHERIE (SHERI COURTS).
Application ex parte for an order of the Supreme Court to issue, ordering respondent (the editor of a newspaper) to appear before the Court and show cause why he should not be punished for publishing a statement in his newspaper which, it was stated, was likely to prejudice the fair trial of a case pending before the Mahkeme-i-Sherie.
Amirayan for Applicant.
HELD: Following the ruling in Moustafa Masha v Haji Kadin Haji Hussein & another reported in Vol. I. C.L.R., p. 24, that the Mahkeme-i-Sherie are not Courts within the meaning of clause 213 of the Cyprus Courts of Justice Order, 1882, inasmuch as the Mahkeme-i-Sherie are not among the Courts established by the Order in Council, 1882.
The Mahkeme-i-Sherie were religious tribunals in existence long the Order in Council was issued, and the Order in Council only varied their jurisdiction, by vesting all the powers, previously exercised by such tribunals, other than those dealing with religious matters between Moslems, in the District Courts, and these tribunals still continued to have jurisdiction in such religious matters.
Application refused.