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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V11) 1 CLR 51
1921 November 29
[FISHER, C.J. AND STUART, P.J.]
ELENE VARELIA
v.
HARALAMBO NICOLA ZANDI.
Appeal by Plaintiff from judgment of District Court dismissing the November action.
The facts are as follows:-
Plaintiff's daughter and son-in-law owed money on a bond to present Defendant. They were sued by him and Plaintiff intervened. Plain-s tiff was not a guarantor of the bond. Plaintiff voluntarily undertook to register certain properties into Defendant's name in consideration of his withdrawing the action against the daughter and son-in-law of Plaintiff. Plaintiff failed to carry out the registration and Defendant sued her and obtained judgment against her. She eventually paid Defendant. Plaintiff now sues Defendant to obtain from him the bond given to Defendant by her daughter and son-in-law.
Theodotou for Appellant.
Stavrinakis for Respondent.
HELD: Plaintiff has no legal right to have possession of the bond as she did not sign the bond, and she might have protected herself by other means, e.g., she might have got a new bond from her daughter and son-in-law.
Appeal dismissed with costs.