The judgement creditor, as defined under Order 40 r. 8 of the Civil Procedure Rules, who claims to be entitled to execution of a Court judgement may, even after ten (10) years have lapsed from the date of issuance of the Court judgement, apply to the Court with a relevant application to obtain leave to enforce the judgement.
The abovementioned duration of Court judgement has been extended from ten (10) to twelve (12) years pursuant to the Civil Procedure (Amending) (No. 1) Procedural Regulation of 2020, which was published in the Official Gazette of the Republic of Cyprus on 27/03/2020.
Obtaining however, leave to renew a Court judgement after the expiration of a period of twelve (12) years from the date of issuance of the Court judgement, is incumbent upon the fulfillment of additional criteria set out through the applicable case law.
Order 48 r. 8 of the Civil Procedure Rules has been a subject of examination in a series of judgements of the Supreme Court. In the Supreme Court judgement of Stavrinidis v. Bank of Cyprus Public Company Ltd, Civil Appeal No. 367/12, dated 17.1.2019, the principles governing the exercise of the discretion of the Court during the examination of applications for renewal of the execution of Court judgements, as defined by the relevant case law, were summarised and also repeated in the recent Supreme Court judgement of 1. Orfanides and ors v. S. & G. Securities and General Finance Ltd, Civil Appeal No. 302/2013, dated 8.4.2021, and can be summarised as follows:
The Civil Procedure (Amending) (No. 1) Procedural Regulation of 2020 can be found here.