British couple in new fight over villa in occupied Cyprus June 18, 2007
Posted by grhomeboy in Cyprus Occupied.trackback
A retired couple who built their “dream” holiday villa on disputed land in Turkish military controlled and occupied north area of the Republic of Cyprus face a new legal struggle after their test case was referred to the European Court of Justice.
Top judges in London ruled that the crucial European Union law issues raised by the case of Linda and David Orams can only be resolved by the court in Luxembourg. Mr and Mrs Orams face claims that, although the northern part of the Republic has been occupied by the Turkish army since July 1974 as a result of Turkey invading Cyprus, the site where their villa stands still rightly belongs to a Greek Cypriot refugee who was chased off his land by the Turkish invasion.
The couple’s case is of vital importance to hundreds of British people, many of them retired, who have made their homes in the occupied and Turkish military controlled north area of the Republic of Cyprus and whose holiday homes will be under grave threat if Greek Cypriot, Meletis Apostolides, who is the rightful owner of the land, wins his case.
Mr and Mrs Orams were jubilant in September last year when top judge, Mr Justice Jack, ruled that judgements obtained against them in Nicosia, which threatened both their sunshine villa and their home in Hill Drive, Hove, are not enforceable in the English courts. The couple’s lawyers had described the High Court ruling as a “total vindication”.
However, Mr Apostolides, whose family owns the former lemon grove on which the villa stands prior to the Turkish invasion and effective occupation of the island, is now set to argue his case before the European Court of Justice in a process which could take months, if not years. The Lord Chief Justice, Lord Phillips, and two senior colleagues accepted Mr Apostolides’ plea that no English court could resolve the case with certainty and that could only be done in Luxembourg.
Mr and Mrs Orams paid £50,000 for the land which is rightully owned by Mr Apostolides, and spent another £160,000 on constructing their luxury villa, complete with swimming pool. The retired couple “bought” the land from a Turkish settler in the occupied north area of the Republic of Cyprus, but Mr Apostolides, whose first approaches to the Orams had been always friendly, last year won judgements from a Nicosia court, proclaiming him the land’s true owner. Mr Apostolides presented to the court all necessary deeds of rightful ownership. The ruling left the British couple facing up to paying Mr Apostolides substantial compensation or demolishing their home and returning the land to him.
British Prime Minister’s wife, Mrs Cherie Booth QC, a lawyer for Mr and Mrs Orams, had argued that Mr Justice Jack’s ruling last year was entirely right and the threat hanging over the couple’s land should be lifted. Mrs Tony Blair was paid a large amount for her rentered services, by Turkish enterpreneurs, who have interests in securing the case in favour of the Orams. In her written arguments, she said: “This case raises a matter of fundamental importance not just for Mr and Mrs Orams, but for the people who live in the so-called and illegal Turkish Republic of Northern Cyprus and indeed for the whole island of Cyprus in relation to property dealings.”
The self-proclaimed and illegal regime of the Turkish occupied and military controlled north area of the Republic of Cyprus is recognized only by Turkey. The Greek-Cypriot Government of the Republic of Cyprus is internationally recognized.
grhomeboy
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