North Cyprus Property | Confusion Surrounding Memorandums

North Cyprus Property | Confusion Surrounding MemorandumsNorth Cyprus Property | Confusion Surrounding Memorandums

A lot of confusion exists regarding Memorandums. It was not explained properly to me that once you have a Memorandum it is not the end of the case. In my case, six months was given to the defendent Kulaskiz 5 to Appeal the decision. They did not do so, so at the end of this time, efforts were made to see if Kulaksiz 5 had movable assets that could be sold to realise the £120,000 award given in my judgement. They did not have any such assets so we had to apply to the Judge again for an Enforcement of the Memorandum.

A member of staff from the Tapu accompanied us to the site where some of the properties on the memorandum were and he inspected them and took measurements to present to the court – see NCFP Article

My memorandum was renewed on the 6th September 2011 then, since my Advocate sacked me, I was obliged to renew after one year myself on the 12th October 2012 . Now here comes the rub, it will need renewing again in September/October 2013 and this will be at the Judge’s discretion. Here is what happened when I went to renew it myself. The stamp duty is minimal, my Advocate (me) made no charge and as it happened, an act of pure kindness helped through the court process:

“North Cyprus Property | Pauline Read Renews Her Memorandum
Saturday, October 13, 2012 by Anon

WITHOUT PREJUDICE

Having become familiar with some of the rules regarding Memorandums, and being the holder of one on what I am told includes three villas and a piece of land, I have learned as I go along that if you think you can achieve anything by going to court on one occasion, the system will find a way to make it several occasions. My thinking is the thinking that is out of touch with the reality here in north Cyprus.

On one occasion that I visited the Tapu enquiring as to the situation of my enforcement order, a very nice Advocate who I had known by sight for a while could see I was getting what I can only describe as the run around and said, I will help you. That was some months ago, but when I realised I would have to renew my Memorandum myself this time, having been given the sack by my former Advocate, I did go to his office and reminded him of his promise. To cut a long story short, after several false starts he helped me to get the application into the court on Tuesday of this week and I was given a date of the 12th, today to appear in court. When I left at the court office on Tuesday I was instructed to be back at court for 8.30 am today and to look at the list of cases being heard on a notice board outside the court. This would tell me which Judge and which court to present myself at.

I felt I had traded on my kind Advocate’s good nature for long enough and since I had attended well over a hundred court hearings, I would attempt to finish the job myself. Agile and I arrived at the court area at 8.15 am this morning. I made my way to the notice board and looked for my case number. I looked and I looked and it just was not on the list. Oh dear, I thought, this is a good start. I then went into the office that took my application on Tuesday and before I could even explain the problem, a clerk told me “your case is to be heard by Judge Talat Usar”. Of course I immediately replied “are you sure”? Yes said the clerk and yes said other clerks. He went on to explain that the reason I was not on the list was because they had been unable to find my file but now they had and it was on the Judge’s desk. I was instructed to go to wait by the court until about 9.00 am and then go in to await my turn to be heard. During my interview in this office, they did not look at the paper I held in my hand or ask me who I was. The word notorious springs to mind.

Agile and I waited outside the appointed court until about 8.50 am and then some other Advocates arrived and went in, so like the seasoned veterans we are, we went in. Now there sitting on the desk was a file, about 10″ thick and held in place with pink legal ribbon. I whispered to Agile, we are in the right room, that is my file. Other Advocates started to arrive in earnest and all took places in front of me. I think, but I am not sure, from the list on the wall they have a good idea of the order in which their cases will be heard. Having not made it to the list I deduced that mine would be heard last. 9.00 am came and went and by now, although none of the Advocates were known to me by name, I have on my numerous trips to the court become on nodding terms with most of them. The courtroom, which is very small was packed to capacity mainly with Advocates and a party atmosphere had developed; one Advocate even quipped with me that it would be ‘one minute’ till it started. I asked him if that was a Turkish Cypriot minute or a British one. One thing became abundantly clear to me, they all knew who I was and I could hear a conversation being conducted about Kulaksiz.

I do admit I was becoming somewhat anxious and was so relieved when I looked up to see a new arrival enter the court, it was my kind Advocate, at first he was surprised to see me but then he said, wait for me I will present your case, I have one in here too. He disappeared for a while and then came back. The court usher banged the floor three times, in came the Judge, we were under starters orders. The Judge heard several cases, then it was my kind Advocates turn, he turned round, took my paperwork from me and presented my case, he introduced me to the Judge and had me come stand by his side. The Judge accepted my file as evidence of the existing Memorandum and granted the renewal. I have to request the renewal in a few days time and take a copy to the Tapu. Agile and I then went outside and left our kind Advocate to present the case he was really there for.

To acquaint you with the system here. My memorandum granted on the 6th November 2009 had a two year life, it then had to be renewed for the following year, today I renewed it again which means it is now going into its fourth year. If it has not been acted upon by this time next year, I will have to repeat today’s procedure. The Judge can always say no. To fail to renew it terminates the memorandum. Does that in any way appear fair or just?

I cannot find the words to express my gratitude to this kind Advocate. I am not using his name because I do not have his permission to do so. As you all know I am committed Christian, I do pray for help and guidance every day, as a believer, and I know is was not serendipity that put my kind helper into that court at exactly the right time, I attribute that to a higher power. God is good.

Anon”

Now it looks as if the Tapu are under instruction not to do their duty. Thank goodness I now have an Advocate I have complete trust and faith in and I know he will do his very best to get me justice.

Never give in never give up

Anon

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