Akfinan Bank Limited v Kulaksiz 5 Appeal Finally Heard

I am happy to report that the long awaited Appeal lodged by Akfinans Bank Limited was heard today.

Akfinans Bank Limited appealed the decision of the lower court that their mortgages on the villas belonging to the British pensioners were fraudulent. The judgment in the lower court was given on the 4th December 2014, so the Appeal has taken exactly 22 months to be heard. However this case has been going on since 2010.

I still find it incredible that any bank would break into and take two villas whilst awaiting the outcome of litigation…but Akfinans Bank allegedly did just that. They did not have a court order, allegedly simply went ahead and broke the law. Did anyone take them to task, well you all know the answer to that one. I still find it incredible that they were brazen enough to live in my villa and make it into a fortress with an alleged 7 CCTV cameras around it, clearly they appear not to be comfortable with their actions?

If the High Court do overturn the decision and find in favour of the bank, I personally intend to take my case to the ECHR, with or without other members of Kulaksiz 5. If the High Court uphold the judgment from the lower court, then I intend to complain to the police…again.

I did report the appalling actions of this bank to the Attorney General and although I was promised a full investigation, it was yet another example of how nepotism trumps justice every time.

http://northcyprusfreepress.com/cyprus-property/builders/kulaksiz/trnc-attorney-general-allegedly-investigating-complaint-against-akfinans-bank/

So what happens now? Well the three High Court judges who heard the Appeal today will review all they heard and all the evidence submitted to the court and will then make their decision. How long will this take? I do not know, as a yardstick, the last time a K5 Appeal was heard, the decision was given 5 months after the hearing.

The advocate has promised to let me know when he knows the date of the decision being given and now I am feeling a little better, I hope to be in court in north Cyprus to hear this decision.

Whatever the outcome, I am still quite convinced the Bank will continue with their strategy to outlive us all. Sadly, they have already outlived three of our number and in my opinion contributed to Agile’s premature death.

Pauline Read