Kulaksiz 5 v Akfinans Bank – Further Details of Successful Case

We arrived at the court in Lefkosa just before 9.00 am, already supporters of the Kulaksiz 5 were gathering and I for one was extremely pleased and grateful to those that made the journey to the capital to be with the Kulaksiz 5. Stuart and Vanessa Sydenham, Maxine and Steve Callaghan, Steve Collins and so many many more. People who, like the Kulaksiz 5, want justice in a country where it seems very hard to come by.

The first courtroom allocated, Salon 1, was not up to the job, the numbers were such that a larger court was found and we all moved into it, even then there were people standing but with an little scudging up here and a squeezing in there plus a few chairs in the aisle, those that wanted to be in court were accommodated.

As is usual we all stood when the three High Court Judges entered the court. Two male and one female. The female Judge was the spokesperson and appeared to be the one who asked the majority of the questions.

WITHOUT PREJUDICE

At 10.20 am approximately and Boysan Boyra was on first. Boysan bey came over as both confident and competent and although the female Judge asked him many questions he answered quickly and confidently and the Judge appeared happy with the answers.

I was in the unenviable position of being on a bench with the majority of the Kader delegation and I have to say as the morning progressed they were looking less and less happy, in fact I thought a little chuntering going on beside me.

At 11.55 am I thought Boysan bey had finished but it seemed it was just an interruption by Akan Kursat. I am not entirely sure but at one stage Boysan allegedly said that ***DELETED*** Bank was the most indecent bank in north Cyprus, this of course could have been lost in translation. What is for sure is I heard the Turkish word for mortgages mentioned over and over. When we broke for lunch it was agreed by those who spoke Turkish that Boysan Boyra had put forward an excellent case.

The hearing resumed at 1.00 pm and Akan Kursat was able to put the Bank’s case. This was not the Akan Kursat I had seen in court before. He seemed slow and sometimes a little befuddled. He was obviously embarking on a smoke and mirrors exercise and although I do not speak Turkish, I felt he was floundering at times. He referred to law books, often quoting in English, he referred to emails from K5 purchasers which even to my untrained ear sounded irrelevant. It may well be my imagination but on occasions the Judges looked as puzzled as I felt.

When Mr Kursat finished the Judges retired for what we were told would be fifteen minutes.

We all stood outside the court, all that is but the Kaders who disappeared. After a while Boysan came to tell us the good news. The Judges had given the Kulakisz 5 their Interim Injunction until the 28th September 2012. The Bank will have a chance to object (appeal) today’s decision and if they do, then on the 28th both sides will be given the date for that objection (appeal) to be heard.

Not a huge thing when you consider in any civilised country they would not need such an injunction because it would be normal for any action to be delayed until the final outcome of a case. However for Kulaksiz 5 it is success after five attempts to obtain the Interim Injunction.

Anon

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