Section 234: Appealing a refusal to accept an appeal

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 1837/2563 (2020)

   Section 234 requires that, where the trial court refuses to accept an appeal, the appellant appeal that refusal to the appellate court by motion filed with the trial court, with all fees deposited and the judgment amount paid or security provided, within fifteen days of the order.

   The Supreme Court set out the text of Section 234, holding that when the trial court refused the plaintiff's appeal, the plaintiff had to file a motion appealing that refusal, and the relevant fifteen-day requirement applied to the steps that follow.

2. Supreme Court Judgment No. 8717/2558 (2015)

   A motion appealing a refusal to accept an appeal is unlawful if the appellant does not pay the amount due under the judgment or provide security within the time set, as required by Section 234.

   The defendant appealed a refusal to accept the appeal but did not pay per the judgment or provide security within time. The appellate court held the motion unlawful for non-compliance with Section 234 and dismissed it.

3. Supreme Court Judgment No. 95/2568 (2025)

   Where the trial court refuses an appeal and the party does not first appeal that refusal to the appellate court under Section 234, there is no appellate decision, so a petition for leave to further appeal and the further appeal itself are not properly available.

   After the trial court refused the plaintiff's appeal, the plaintiff did not appeal that refusal to the appellate court under Section 234. The Supreme Court held that, with no appellate decision, the plaintiff could not seek leave to further appeal, and rejected the petition and the further appeal.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.