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In a significant ruling on January 9, 2025, the Cyprus Supreme Court upheld the State's actions to recover a Turkish Cypriot residence without the need for an eviction order. The unanimous decision reaffirmed the legal correctness of the Republic's actions, which had been challenged by the plaintiff.
The case centered around a Turkish Cypriot residence, initially allocated to the plaintiff’s deceased parents, which had been used by the plaintiff without the proper authorization from the office of the Guardian of Turkish Cypriot Property. After his parents’ death, the plaintiff requested that the house be allocated to him, but his request was denied by the Special Committee for the Allocation of Houses. He was then notified that he must vacate the property.
Despite being informed to return possession of the house to the Guardian, the plaintiff refused, leading the government to initiate the recovery process. The Republic of Cyprus sought to reclaim the property without going through the usual eviction order process. In response, the plaintiff contested the authority of the Guardian of Turkish Cypriot Properties, alleging that his possession was legal and that the eviction was unlawful.
The first-instance decision of the Larnaca District Court sided with the Republic, dismissing the plaintiff’s lawsuit. The Court found that the plaintiff had failed to prove any legal claim to the property, and the Republic was within its rights to reclaim the residence. The plaintiff appealed the decision, arguing that the property served as both his home and business premises, which are protected by both the Constitution and the European Convention on Human Rights. He claimed the Republic could not interfere without a special Court ruling.
However, the Supreme Court dismissed his appeal, stating that the plaintiff had no legal right to possess or reside in the property. The Court emphasized that the State had the legal right to reclaim the house without the need for an eviction order, confirming that the Republic’s actions were fully in line with the law.
The ruling further clarified that the State could pursue criminal prosecution against individuals unlawfully occupying Turkish Cypriot property, securing an eviction order through the Courts if needed, or recover the property with police assistance under the legal framework.
The case was handled by Senior Attorney Elli Florentzou, on behalf of the Attorney General’s office, and the decision is seen as a key affirmation of the Republic’s legal authority in such cases.
