K5 v Akfinans Bank | Judge Reconvenes on Monday for Further Discussions


Agile and I arrived at Lefkosa High Court just before 9.00 am.  My favourite Advocate (tongue in cheek) Akan Kursat  arrived at 8.58 am, closely followed by a couple of Kaders.We waited by the main gate and at 9.10 am a very harried looking Boysan Boyra arrived with another man, I think he may have been a client. Boysan explained he was in a hurry as the Judge was waiting for him and told us to wait by the gate and he would return and tell us what had happened.   We had no problem with this as we realised the meeting with the Judge would be in chambers and we would not be able to be present.So we waited, the three K’S Messrs Kursat, Kader and Kader came down and past us at the gate at about 9.35 am and one of the Kaders turned and smiled at me so I said ‘hello’ and gave him a little wave.

We waited and we waited, still no sign of Boysan bey.   Waiting was quite interesting because there was obviously something ‘big’ going on in the criminal court judging from the number of journalists and TV crews there. Then along came Hasan Hasturer with his crew, he looked at me, obviously trying to remember who I was, I am disappointed it took as long as it did since I single handedly helped him win a Writ for his programme I guested on for over three hours.  I couldn’t resist the opportunity to ask him where my Permission to Purchase was since he so publicly declared he would ensure I would get it, and chase it on a weekly basis.  When I mentioned this he said he had been chasing it…I wonder?

After several walks around the court area I finally found Boysan who was enjoying a coffee with some of his buds in the coffee area.  It was now almost 11.00 am.  I caught his eye and he came over to talk to me.

The Bank apparently had not entered an objection yet. There was some talk of reducing the Interim Injunctions to cover less property but at this stage I think it best I leave it at that. There is another meeting scheduled with the Judge and the Bank on Monday for further discussion.

I must admit I was surprised that the Bank had not immediately lodged their objection and find it a very interesting development.   I asked Boysan if the Interim Injunction stays put until after Monday’s discussions, he confirmed that it did. Hopefully after the discussions it will still be in place, but obviously I am not in a position to know what the outcome will be.

My own thoughts are that as long as the Interim Injunction covers the properties of all of the nine litigants, that should be sufficient.   If however the Bank were thinking along the lines of only covering the properties of those living on site, it would be totally unacceptable to me and I would think every other owner involved in litigation.

As I have said before, forget the emotion.  The case should be decided on whether or not the Bank violated the rights of the owners by giving the mortgage without involving them or asking their permission.   In other words, did the Bank ignore Mortgage Law 11/78 section 21 and if they did they need to make reparation to each and every purchaser.

Never give in never give up


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