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Colonial Cases

Machsa v. Hussein, 1885

[jurisdiction]

Machsa v. Hussein

Supreme Court of Cyprus
Bovill C.J. and Smith J., 20 April 1885
Source: (1885) 1 Cyprus Law Reports

 

 

 

MUSTAPHA MACHSA, Plaintiff,

v.

HADJI KADIN HADJI HUSSEIN AND ANOTHER, Defendants.

 

SHERI COURT, TRANSFER OF CASE FROM - POWER OF CHIEF JUSTICE - C.C.J.O. SEC. 197 - POWERS OF HIGH COMMISSIONER - HIGH COURT OF JUSTICE ORDINANCE, 1879, SEC. 108.

   The Chief Justice has no power under Sec. 197 of the Cyprus Courts of Justice Order, 1882, to order an action to be transferred from the Sheri Court to any other Court.

   The High Commissioner may have power to order the transfer under Sec. 108 of the High Courts of Justice Ordinance of 1879.

   Application for grander of an action from the Sheri Court to the District Court.

   Diran Augustin, for the defendants.  I apply for an order under Sec. 179 of the Cyprus Courts of Justice Order, 1882, to transfer this action from the Sheri Court to the District Court of Nicosia.

   BOVILL, C.J.  I have no jurisdiction to make the order applied for.  "Court" means any Court established by the Order in Council.  Defendants may have a right under sec. 108 of the High Court of Justice ordinance, 1879, to petition the High Commissioner, who might, with the advice and assistance of the Judicial Commissioner, order a transfer.  The powers and authorities then vested in the Judicial Commissioner are by the Order in Council of the 14th February, 1883, now vested in the Supreme Court, but the High Commissioner, of any one, has the power to masked such a transfer as is asked for here.

   Application refused.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School