A Turkish Cypriot man is suing the Republic for over €2m demanding compensation for use of his property in Nicosia, which his family had abandoned in 1963 during the intercommunal clashes, it emerged on Wednesday.
The property in question is a large two-storey building in the Taht-el-kale, or Tahtakalas, area within the walls of Nicosia, currently the location of Ayios Kassianos primary school, according to daily Phileleftheros. The original school building is now in the buffer zone.
The lawsuit was filed in 2015 by a Turkish Cypriot lawyer, holder of British citizenship, who is the administrator of his family’s estate.
He is represented by a Greek Cypriot lawyer, who, pending the outcome of the case, declined to comment when asked by the Cyprus Mail.
The plaintiff claims that he and his family had been forced to abandon the property on Antigonos Street because their lives were in danger.
They moved to areas controlled by Turkish Cypriots, having no contact with their property. The man cites the killings and violence between the two communities and the hate and fanaticism that prevented them from returning.
After the 1974 Turkish invasion and the de facto division of the island, the plaintiff said it was impossible to cross to the government-controlled areas.
The man said his family’s entire property is in the Republic. Apart from the building in question, they also own four shops and a house elsewhere in the old town, and a lot of land outside Nicosia.
The plaintiff said the Republic has been using the building since 1963 — without it being under the guardian of Turkish Cypriot properties – without his permission and without recompense.
He said he has repeatedly raised the matter with the authorities since November 2012 but did not get any response.
The state argues that until 1974 the plaintiff could have returned to his home because the state was functioning normally.
The case continues on September 11 with testimony from the only civilian defence witness found by the state, who was 10 at the time, and who lived in the area.
According to Phileleftheros, the Legal Service did not want to politicise the matter and thus avoided putting politicians or military officers on the stand.
