Search Publications
Supreme Court issues interlocutory injunction to remove tenants from property

Supreme Court issues interlocutory injunction to remove tenants from property

In its recent judgment in Zanettou and others v A X Nikola Bros Ltd and another (Civil Appeal No. E162/2021, 31 May 2022), the Supreme Court overturned the interim judgment of the first-instance court and proceeded to issue an interlocutory injunction to prohibit tenants from entering or possessing the property in question, following the lapse of a contractual obligation to deliver free possession of the property upon its sale.

This development means that owners of properties can be offered immediate relief when former tenants are rendered trespassers.


The appellants were owners of immovable property, which was rented to the first respondent and in which the first respondent was operating a restaurant business. The second respondent guaranteed the contractual obligations of the first respondent under the relevant tenancy agreement.

Pursuant to the terms of the tenancy agreement, in the event of sale of the property, the owners of the property retained the right to terminate the agreement and the tenants were required to deliver free possession of the property.

The tenants refused to vacate the property and thus the owners filed proceedings.

The District Court of Famagusta issued a judgment on 28 July 2021, refusing to provide interim relief to the owners of the property.


In its judgment, the Supreme Court reversed the first-instance judgment and further exercised its jurisdiction to provide interim relief itself by issuing a prohibitory injunction, which precluded the tenants from entering or possessing the property.


This significant legal development should overcome the persistent obstacle of delay, which owners have often faced when raising legal proceedings against tenants, as there is now a precedent to rely on. The Cyprus courts can offer immediate relief in the form of interlocutory injunctions, pending the adjudication of the proceedings in due course.

Related Publications

The amended Sale of Property (Specific Performance) Law (Law N. 132/(I)/2023) came into force on 12/12/2023, aiming to protect buyers’ interests.
Over the past years, Cyprus has become an attractive destination and a global hub for venture capital investments. This insight will delve into the legal aspects surrounding venture capital in Cyprus.
Cyprus stands out as a prime destination for establishing trusts, offering a robust legal framework with significant tax incentives.
Our firm has authored the Cyprus chapter of CDR - Fraud, Asset Tracing & Recovery 2024.
Foundations are institutions intended to serve non-profit purposes and are established for the promotion of specific objectives outlined in law, including the promotion of commerce, art, science, religion, ...