North Cyprus Property | Breach of Contract Case Dragging On


North Cyprus Property | Breach of Contract Case Dragging On

This morning, in relation to a North Cyprus Property case, I almost took an unnecessary trip to the Supreme Court in Lefkosa. You might wonder how could I be so daft. I had it in my mind, and in my diary, that the hearing to overturn my Breach of Contract judgement for the second time was today. However just before starting out, I looked on the file and saw it was the 30th of this month not today. Thank goodness I looked before we were well on our way.

Of course, if the Advocate had managed to get the relevant writ served to Kulaksiz personnel as efficiently at the Advocate had with’ the other owner, the job would have been done and dusted at the same time as the other owner. As you can see this was on the 7th August, 2013. Even taking into account court officers being on holiday and Bayram, this  North Cyprus Property case is dragging on somewhat.

Cyprus Law | Pauline Read’s Breach of Contract Award Cancelled
Wednesday, August 7, 2013 by Pauline Ann Read

It is official. The Breach of Contract Judgement given to me on 6th November 2009 is cancelled.

I arrived at the Supreme Court in Nicosia at the appointed time and both sets of Advocates acting for the two owners of the properties on Kocan 3881 were there. I first went into Chambers with the Advocate acting for Michael Spencer James Van-Win (the young man who called me ‘scum’winking Cyprus Law | Pauline Reads Breach of Contract Award Cancelled.

Because the bailiff had not served the writ correctly to Kulaksiz Construction Limited and/or Abdurrahman Guney, the Judge told me that their case to overturn my Breach of Contract judgement could not proceed. A new date of the 26th August 2013 was given. Hopefully by that time, the writ will be served and we can tidy up the whole situation.

I stayed in Chambers and the Advocate acting for the other owner Mrs Diane Doreen Simon spoke with the Judge, confirmed she had all her ducks in a row and was ready to proceed with her case to have my Breach of Contract judgement overturned. The judge explained that there would be a court hearing with three Judges and a translator present….today.

We went into court, the three Judges assembled. The translator sat next to me and translated everything the Advocate for Mrs Simons said. Acting for oneself does have its advantages. How else would I know that the Advocate for Mrs Simon was claiming that the case for the Breach had gone ahead without her knowledge, and in doing so had prejudiced her because she was not involved in the case or even aware of the case. Now you can all see where I am going with this? Isn’t this the case for everyone who subsequently find that there is a Memorandum on their property, put on without their knowledge or consent and the only time they find out is when they could lose that property. Everyone who ever found such Memorandum on their property have had their rights removed. In fact it would not be over stating it by saying they have been treated with extreme prejudice.

I was well. I read out my statement confirming that I would not oppose the demand to overturn the Breach of Contract judgement. These are my words:

Case Number 19/2013 (2316/2008)

To Av. *************

This is to confirm that:

On Tuesday 16th July 2013, I removed the Memorandum on Kocan 3881 and Kocan 4155. I further instructed Girne Tapu (Land Registry) to withdraw Enforcement Order case ref. MES 87/2010. It was confirmed that my instructions had been complied with.

There are now no impediments on these Kocans and I have no further interest in MES 87/2010.

Your wish to have the Breach of Contract judgement of the 6th November 2009 MM 229/09 overturned and since it is now stripped of any authority, will not be opposed by me.

I fully understand the implications of this and my only request is that the court does not grant any costs to Av. ******** Yargitay Asli Yetki No: 19/2013 or Av. ********* Yargitay Asli Yetki No: 15/2013 as this would be unfair and unjust as I am suffering a great loss already.




The lead Judge then asked me to confirm I knew the number of the case; I did, 2316/2008.

I then asked if I could say something personal. I was told I could. I simply told them that as a member of Kulaksiz 5, I could not do to the Advocates’ clients that which the Bank did to me. I confirmed that the Bank now live in my villa.

The lead Judge then said something in Turkish which the translator translated as ‘The Judgement is now cancelled’.

The Judges then left the court. The Advocate acting for Mrs Simon said we would go back into Chambers. However the lead Judge came to the door of Chambers, smiled and said to me “no costs”. I smiled, thanked him and wished him a restful Bayram.

This case appeared to be the only one today. Yes it clearly is/was an important case. Most Government office were closing at mid-day because today is Bayram Eve.

I guess I shall be repeating this exercise on the 26th August, but the Breach of Contract Judgement has been overturned and that could potentially be good news for all with a Memorandum on their property.

Never give in never give up

Pauline Ann Read

Let us hope that the 30th is the last time I shall need to have to travel to Lefkosa, It is not only expensive to keep having to go to the capital, it is also stressful.

Pauline Ann Read

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