(V11) 1 CLR 58

1922 March 20

 

[FISHER, C.J. AND STUART, P.J.]

YANNI KAKOURI HAJI YANNI

COSTA IOANNOU ZANNETTOU

CHRISTOFORO TOWLI ZANNETTOU

Plaintiffs (Respondents)

AND

AHMED TAHIR

Defendant (Respondent)

AND

HASSAN HILMI HUSSEIN EFF. KAIMZADE

Exparte Applicant.

INTERDICTION OF SPENDTHRIFT DEFENDANT DURING TRIAL-APPLICATION BY GUARDIAN TO BE JOINED AS CO-DEFENDANT.

The guardian appointed by the Sheri Court after the interdiction of Defendant as a spendthrift.

Appeal by exparte Applicant from the order of the District Court dismissing his application to be joined as co-Defendant.

For Appellant Stavrinakis.

For Respondent (Plaintiffs) Theodotou and Clerides.

For Respondent (Defendant) J. Michaelides.

The facts are as follows:-

On 22nd April, 1919, Defendant, an adult, entered into a contract with Plaintiffs to register certain properties into the names of the Plaintiffs by a certain date and the Plaintiffs paid him a sum of £250 odd as part of the purchase money agreed, £400.

Defendant failed to register and the Plaintiffs brought this action either to register forthwith, or to pay the money already paid with interest together with damages and costs.

Action commenced on October 6th, 1919.

On November, 6th 1919, the present Applicant (Appellant) applied to the Sheri Court of the Chief Qadi and obtained an Ilam declaring that the Defendant was a spendthrift and interdicting him as such and appointing the present Appellant his guardian.

The District Court dismissed the application on the ground that in an unreported appeal case No. 1979 and 2070 with almost identical facts the Supreme Court has held that a spendthrift could sue or be sued without joining the guardian.

HELD: Affirming the judgment of the District Court that the Appellant is not entitled to ask to be joined as a Defendant.

Appeal dismissed with costs.

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