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Couple win court fight over villa | Couple win court fight over villa |
(about 20 hours later) | |
A Sussex couple seeking to keep their dream holiday villa in northern Cyprus have won their High Court battle. | A Sussex couple seeking to keep their dream holiday villa in northern Cyprus have won their High Court battle. |
Linda and David Orams, from Hove, built their property in Turkish-controlled northern Cyprus four years ago after buying the plot with retirement funds. | Linda and David Orams, from Hove, built their property in Turkish-controlled northern Cyprus four years ago after buying the plot with retirement funds. |
They were taken to court by Meletios Apostolides, who said his family owned the land, near Kyrenia, in the 1970s. | They were taken to court by Meletios Apostolides, who said his family owned the land, near Kyrenia, in the 1970s. |
He had insisted that either the villa was knocked down or the Orams handed their property in Sussex over to him. | He had insisted that either the villa was knocked down or the Orams handed their property in Sussex over to him. |
Mr Orams, 61, and his wife, 59, spent their £160,000 savings on buying the plot and building the villa and pool. | Mr Orams, 61, and his wife, 59, spent their £160,000 savings on buying the plot and building the villa and pool. |
They bought the land from the registered owner in accordance with the laws and land registry system of the Turkish Republic of Northern Cyprus (TRNC) - which was declared after Turkish troops invaded the area in 1974. | They bought the land from the registered owner in accordance with the laws and land registry system of the Turkish Republic of Northern Cyprus (TRNC) - which was declared after Turkish troops invaded the area in 1974. |
We feel we've never done anything wrong and we are very happy with the result Linda Orams But Mr Apostolides, a Greek Cypriot, insisted the land was rightfully his because his family had been uprooted from it by the Turkish invasion. | We feel we've never done anything wrong and we are very happy with the result Linda Orams But Mr Apostolides, a Greek Cypriot, insisted the land was rightfully his because his family had been uprooted from it by the Turkish invasion. |
Speaking outside the court, he said: "I was 24 when I left the land and that particular place, and you have people that are claiming it's their own now." | Speaking outside the court, he said: "I was 24 when I left the land and that particular place, and you have people that are claiming it's their own now." |
A statement issued on behalf of the couple said the judgment was a "total vindication" of their position. | A statement issued on behalf of the couple said the judgment was a "total vindication" of their position. |
It said: "It is a substantial victory in a battle by them to maintain and retain their retirement home and their home in England. | It said: "It is a substantial victory in a battle by them to maintain and retain their retirement home and their home in England. |
"The judgment allows others in the same position to invest in TRNC without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU." | "The judgment allows others in the same position to invest in TRNC without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU." |
Meletios Apostolides had insisted the plot of land was rightfully his | Meletios Apostolides had insisted the plot of land was rightfully his |
Their counsel, Cherie Booth QC, had argued that the case raised a matter of fundamental importance for people who lived in the Turkish-controlled region in relation to property dealings. | Their counsel, Cherie Booth QC, had argued that the case raised a matter of fundamental importance for people who lived in the Turkish-controlled region in relation to property dealings. |
Mr Justice Jack's ruling that a judgement obtained against the retired couple in Nicosia was not enforceable in the English courts followed a four-day hearing at the High Court in London in July. | Mr Justice Jack's ruling that a judgement obtained against the retired couple in Nicosia was not enforceable in the English courts followed a four-day hearing at the High Court in London in July. |
The judge gave Mr Apostolides permission to appeal. | |
He also ordered that he should pay 75% of the Orams' £863,000 costs, with an interim payment of £150,000 - although £75,000 of that will be stayed, pending appeal. | He also ordered that he should pay 75% of the Orams' £863,000 costs, with an interim payment of £150,000 - although £75,000 of that will be stayed, pending appeal. |
The remaining £75,000 has to be paid within 28 days. | The remaining £75,000 has to be paid within 28 days. |
Speaking outside the court Mrs Orams said the couple were very happy. | Speaking outside the court Mrs Orams said the couple were very happy. |
"It's been two years and a hard struggle. We feel we've never done anything wrong and we are very happy with the result," she said. | "It's been two years and a hard struggle. We feel we've never done anything wrong and we are very happy with the result," she said. |
"We have every faith in English justice and the EU. | "We have every faith in English justice and the EU. |
"We realise it's not the end. It's just the beginning of the long road but we have every confidence that we will win the second appeal." | "We realise it's not the end. It's just the beginning of the long road but we have every confidence that we will win the second appeal." |