Kulaksiz 5 v Akfinans Bank | Most Important Case on 10th October 2012

WITHOUT PREJUDICE

On the 10th October 2012 at Girne District Court, the Kulaksiz 5 face the biggest case of their long campaign so far. The case, their main case, is to be heard by Judge Talat Usar, the same Judge that found against them in their Interim Injunction case which culminated on the 26th August 2011. Again, about a week later, when an emergency Interim Injunction was asked for and refused; again in July/August 2012 when the same request was made yet again and refused. I understand this decision is also being Appealed. One has to wonder at the wisdom of asking the same Judge the same question three times.

The main case is critical since it will probably be the last case to be heard in the lower court, however no matter which side wins, it will almost certainly be the subject of yet another High Court Appeal in Lefkosa.

If you take the time between the lost case in August 2011 and the Appeal against this decision which is by no means resolved, you will see that it took 13 months for the Appeal to be heard. With this as a yardstick, heaven only knows when the final outcome will be known. If it goes against the Kulaksiz 5 then will begin the long haul in Strasbourg at the European Court of Human Rights.

It is imperative that everyone knows, there has allegedly always been a remedy on the Statute Books for this case. The anathema of a mortgage on the properties with all its frightening implications only became known to the Kulaksiz 5 in early 2008. Mortgage Law 11/78 (section 21) has been on the Statute books since 1978. Whether the Bank knew of this law but chose to ignore it, I do not know. If they did not know of it then I can only tell them “IGNORANCE OF THE LAW” is no excuse.

In August 2011 the Judge awarded costs against the K5 in the sum of 2,000 lira which grew to 2,565 lira by the time the Bailiff collected it from Pauline Read; this divided by 9 litigants was 285 lira. The payment from Richard Barclay of his mother’s share of 285 lira is still outstanding and Mr Barclay, despite many requests, refuses to pay. Since he lets two properties in North Cyprus it is not because he cannot afford to pay, it is because he will not pay.

In the latest case of July/August 2012 the same Judge awarded costs of 1000 lira against Kulaksiz 5 and because of Pauline Read’s avowed intention of going to jail rather than paying any costs other than her own, the decision was made to pay the costs before they became the subject of a Writ. Accordingly the costs were paid to Talat Kursat’s office on the 25th September 2012. Pauline Read did pay her share, I do not know if Richard Barclay paid his share.

Power to the people

CITIZEN SMITH

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