Supreme Court Application No. 46.2025

The case concerns an application to the Supreme Court of Cyprus for permission to raise a legal issue arising from a criminal appeal.

A tenant (the applicant) had rented and operated a shop but failed to pay rent. The landlord terminated the lease and requested possession, which the tenant refused to return. Criminal proceedings were brought against him for unlawful possession of property under Article 281 of the Criminal Code.

The trial court acquitted the tenant, finding that he initially had lawful possession through a rental agreement and that lack of consent was not proven. However, the Court of Appeal overturned this decision and found him guilty, reasoning that after termination of the lease, continued possession was without the owner’s consent.

The applicant then sought permission from the Supreme Court to raise a legal question about the interpretation of the term “land” under Article 281. The Supreme Court found that this legal issue did not arise from the Court of Appeal’s decision and therefore refused permission to examine it.

Final outcome: The application was dismissed, and costs of €1500 were awarded against the applicant.

You can read the whole article in PDF here.