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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V12) 1 CLR 89
1927 March 29
[DICKINSON, ACTING C.J. AND LUCIE-SMITH, ACTING P.J.]
IN THE MATTER OF THE PETITION OF MICHAEL CONSTANTI
AND
IN THE MATTER OF THE MALICIOUS INJURY TO PROPERTY LAW, 1923
AND
IN THE MATTER OF THE TAX-PAYING INHABITANTS OF OMODHOS.
MALICIOUS INJURY TO PROPERTY LAW, 1923, SECTION 3- "As SOON AS POSSIBLE."
Petitioner left Omodhos with his two mules for Limassol on 24th July, 1924. The animals were then apparently in good health. On arrival in Limassol the animals were found to be off their feed and after a nine or ten mlles journey the next day died at the village of Kividhes on the morning of the 26th. The petitioner though under the impression that the animals had been poisoned at Limassol gave notice to the village commission of Kividhes and the Police.
On the 30th July, the Government Analyst, having examined the viscera of the animals, certified that they had died of arsenical poison: and this expert stated that according to the symptoms they could not have been poisoned at Limassol and that such poison must have been administered before their arrival there.
From this evidence the only place at which such poison could have been administered was Omodhos. This information was given to petitioner not earlier than the 31st July: and on or about the 1st August he gave notice to the village commission of Omodhos in accordance with section 3 of the Law.
Clerides and Indianos for Appellant (Petitioner).
Theodotou for Respondents (tax-paying inhabitants).
HELD: That such notice was good and that in interpreting the words "as soon as possible" the Court must take into consideration all the facts of the particular case.
Cf. Rex v. Anikitos Loizou.