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Is the TRNC High Court Not Above Acting Unjustly?

Is the TRNC High Court  Not Above Acting Unjustly?WITHOUT  PREJUDICE

I wrote this back in December 2015 .  Of course then I did not know that the High Court were going to throw me out of the case in their final appeal judgment.    A judgment that beggars belief in the cavalier way they ignored all the illegal acts of Akfinans Bank Limited in gaining possession of my villa, but also thinking it is okay to ignore my huge emotional and financial loss  and discard me as if I do not exist.

Three of the original residents of Kulaksiz 5 site no longer exist and it is so obvious that this is the strategy of the Bank…to outlive all the owners by keeping them tied up in court action.  The High Court appear to be buying into this too.

Well let us see if the ECHR agree that it is okay for this bank to take my villa by force and live in it free of charge and then have it handed to them by a judiciary that seems to ignore the rights of anyone who is not Turkish Cypriot in this case.

“K5 v Akfinans Bank – The Bank Owes Me £31,800 Rent Arrears

WITHOUT PREJUDICE

Whilst I normally just put the bank as the only defendant, it is not actually the case.

The defendants are:

1. Akinans Bank Limited
2. Kulaksiz Construction Ltd
3. Yuksel Yilmaz
4. Abdurrahman Guney

It does seem odd that I have never seen an advocate present for the other defendants, I have only ever seen the advocate for the bank; Mr Akan Kursat and once Mr Talat Kursat and an assistant. Names very familiar to the victims of Gary Robb of Aga Development Limited fame.

The 41 page document that is the Judgement from the main case does contain the names of the defendants.

It is interesting that as far back as the judgment rejecting the application for an Interim Injunction heard by Judge Beril Cagdal dated the 25.07.2012, her judgment does itemise the new Kocan numbers obtained allegedly illegally from the Tapu by the bank. Yet it was not until October of the same year, I became aware of the change and indeed aware that my villa had been put into the name of Mustafa Guner. I clearly remember being told by our advocate to find out who he was. It did not take long to find his name itemised on the Onay Belgesi of Directors of Akfinans Bank Limited dated 17.02.2009 and I immediately sent this information with corroboration to the K5 legal team.

My Breach of Contract judgement no longer exists, just like the judgment on the 4th December by Judge Talat Usar, my judgement was cancelled by 3 High Court judges at the request of the advocates acting for the purchasers of the Kulaksiz land I had memorandums on. The only difference being, I did not oppose the request, thus saving the purchasers the ordeal of a long and expensive legal battle. I would not do to them that which had been done to me.

To say now that I have a judgment as the reason not to change my villa back into my name is not only a nonsense, it is not true. To not do so, as is the case, is to further victimise me and to legitimise not only the first alleged fraud by the bank of putting it into their name; and also legitimise the second act of fraud, the bank’s cynical transfer of my villa into the name of Mustafa Guner for purely cosmetic reasons whilst they still occupy it.

Now if you calculate the time from 30th July 2010 when the bank illegally broke in and took my villa until today I make that 53 months rent I am owed. 53 x £600 = £31,800 in rent arrears. I will overlook the interest on the arrears and of course I will gladly pay the tax to the inland revenue as soon as I receive this rent.

You may ask, why is it that I am still the only one of the litigants whose villa is not back in the name of the landowner? I would love to hear the answer to that question myself instead of being ignored.

Never give in never give up

Pauline Read”

 

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