Akfinans Bank v Kulaksiz 5 – Lefkosa Appeal Court 19/9/2012

WITHOUT PREJUDICE

Tomorrow’s hearing for the Kulaksiz 5 at the High Court in Lefkosa is very important and your support is of paramount importance.

Clearly there will be a police presence, we know they are worried or they would not have phoned me. It is important we give them no cause to worry. Do not be frightened off, if you act normally there is no need for worry. Of course I am not sure any more quite what normal is for me personally. I will behave, I promise.

Kulaksiz 5 have waited 13 months for this Appeal date and that in itself is a disgrace. Yes the legal team have approached the same Judge Talat Usar who denied us the Interim Injunctions in his decision of the 26th August 2011, on two more separate occasions he has been asked for the Interim Injunctions again. Personally I do not understand why, if he said no once, he was hardly going to change his mind. There had been a previous case in Girne District court when the same request was denied, this then went to Appeal and the High Court could have overturned the then Judge’s decision but chose instead to send it back to Girne District court where it was heard again and confirmed the decision of the 26th August 2011. You will forgive me if I feel we are a carousel and someone has hidden the stop switch.

If there are supporters who know each other perhaps car sharing might save on the expense.

If you too get the feeling this application for an Interim Injunction has been going on forever, it has. This will the sixth time the request has been made. This application will soon need a shave it will have whiskers on it.

Akfinans Bank v Kulaksiz 5 – court and padlock update

Friday, April 8, 2011

I have just returned from the High Court Hearing in Lefkoşa. The Judges’ decision is not all doom and gloom. The Judges overturned the decision we were appealing from the lower Court where our application for an Interim Injunction was denied.

Although not granted an Interim Injunction today, the Judges have referred us back to the lower court in Girne. More paperwork will be provided by the members of Kulaksiz 5, which we have, and it will be a full hearing with witnesses called if necessary. This new Hearing, starting again if you like, will be on the 19th April. The Judges said it must be within 10 days.

This of course means more stress for the already stressed out members of Kulaksiz 5 but it has to be said, it is the first minor success we have had and that the previous Judgement from the Lower Court has been overturned by the High Court has to be a step in the right direction.

Some further good news, the police after visiting the house of the absentee owner that had his gates padlocked yesterday, decided that since it had obviously been lived in by its owner, the padlock could be removed, and it was.

Will this stop the intimidation by the Bank, who knows? The CORCHIDACTUS will be closely monitored and if your presence is required, you will be phoned.

The score at the moment is 2 villas to the bad guys – 7 villas to the good guys.

ANON

Print Friendly, PDF & Email

Comments are closed.