Lectures

POWERS OF THE COURT - Lecture 4

By: CHRISTOS CLERIDES Oct. 19, 2009

In this lecture we shall deal with Part IV of Law 14/60 as amended which deals with the powers of the Court.

Part IV relates specifically to the powers of the District Court , the Assize Courts, and the Supreme Court.

It does not specifically deal with the powers of other specific Courts we have examined in our previous lectures which have been set up by virtue of specific legislation such as the Family Courts, the Labour Disputes Courts, the Rent Control Courts , the Court Martial , etc.

As explained during the course of our previous lectures the jurisdiction and powers of these Courts are to be found in the specific legislation setting them up.

It is true nevertheless that in the specific legislation reference is often made to the provisions of the Courts of Justice Law 14/60, as far as the powers of these specific Courts are concerned .

By and large in addition to any specific powers that this legislation gives to the special Courts the provisions of Part IV of law 14/60 are incorporated therein.

In addition as far as the powers of the Supreme Court are concerned in its Constitutional and Administrative Jurisdiction reference should also be made to the Constitutional provisions and the Administration of Justice (Miscellaneous Provisions) Law of 1964.

For the purposes of this lecture we shall confine ourselves to Part IV of the Courts of Justice Law 14/60 and in particular articles 31- 47.

In the following lecture No.5 we shall deal specifically with Section 32 of Law 14/60 dealing with the power of the Court to issue injunctions and appoint receivers and in subsequent lectures we shall deal with the power of the Court  to punish under Sections 42 and  44 for contempt of court.

Power to adjudicate on the merits

Under Section 31 of the Courts of Justice Law, each Court in the exercise of its Civil Jurisdiction is obliged to adjudicate and award any just relief which the party is entitled to in any cause of action based on the law or the principles of Equity. This includes damages and/or injunctions and/or declaratory relief etc.

In determining all disputes between litigants the Court is obliged to determine fully and finally all their rights in order to avoid multiplicity of proceedings.

Basically what Section 31 means is that the Court in dealing with a civil dispute before it is obliged to decide the dispute in accordance with the Law and the principles of Equity.

The Court is obliged to decide all disputes so as not to leave open the possibility of a fresh action, pararell or subsequent proceedi