North Cyprus Property | Justice at Death’s Door?

North Cyprus Property | Justice at Death's Door?WITHOUT PREJUDICE

North Cyprus Property | Justice at Death’s Door?

As we are all now aware, eventually, after two lower court cases and two High Court Appeals, the Kulaskiz 5 were eventually granted an Interim Injunction to stop the Bank selling their properties before the final outcome of the case was known. In between they also asked for an emergency injunction twice from the lower court, so on the 6th time of asking, the answer was the one they needed.

Where else in the civilised world would it even be thought necessary, where else in the civilised world would it be an option that, the object which is being argued over could be sold before the outcome of the argument was known? February 14th 2013 was a red letter day for the K5. But do not let us believe it was any more than a stop gap. A respite for those living on the Kulaksiz 5 site. I though a reminder of the High Court hearing on the 22 March 2011 was appropriate at this time. Yes almost two years ago, but it gives you some idea of just how long this has dragged on. Be aware to even have gotten to this first hurdle, there had been a case in the Lower Court before this.

“Kulaksiz 5, emergency Lefkoşa High Court Hearing on 22/3/2011
Tuesday, March 22, 2011 by Name & Address Supplied

In an attempt to stop all the intimidation and the illegal repossession of homes on Kulaksiz 5 our Advocate managed to get us an early hearing of an application for an intermediate injunction. The hearing took place this morning at the High Court in Lefkoşa before three High Court Judges, one female and two male.

The hearing started a 11:00 a.m. Our Advocate was heard first. There was a short break when a technical fault in a microphone had to be attended to. In all our Advocate spoke for about 50 minutes and I was impressed with the way the Judges listened to him and from time to time asked him questions. It was then the turn of Akan Kursat who spoke 20 minutes; he too was occasionally asked questions by the Judges and on one occasion a member of Akfinans Bank personnel had a note handed to Akan Kursat. It is extremely frustrating for us, sitting there and not understanding what is being said. I did understand the words legal owner and beneficial owner spoken by Akan Kursat and also on one occasion recognised the words equitable interest.

It was alleged that the Judges did ask to see the Court orders enabling them to repossess the homes they had already repossessed. Since I do not speak Turkish, I cannot confirm or deny this.

The Judges will give their ruling in a couple of weeks and will report this to our Advocate.

Attending the court from Kulaksiz 5 were all the resident owners, some supporters and a reporter and photographer from Cyprus Today. There were two members of Akfinans Bank Limited there, one of whom I caught staring at me, so I engaged his stare and I am pleased to report I did not look away first. Does the attempt to intimidate ever stop?

I do feel we had a fair hearing but I would not even begin to hazard a guess at the outcome of this hearing.

I did get the opportunity to speak to a resident who yesterday evening received a writ in connection with eviction. Apparently around 5.30 p.m. there was a loud bang on his front door. He peeped through the spyhole and saw the chest of a large man. He and his wife went into a room, drew the curtains and did not answer the door. The banging and pounding on the door caused him to believe the man was going to break down the door, the man was also shouting very loudly in Turkish, which of course they did not understand. Eventually, the man left. When they looked at the door they found the man had managed to push the writ through the side between the door and the door jamb. I think that is called ‘serving a writ TRNC style’.

It seems to be the consensus of opinion that the Government do not intend to stop the Banks doing exactly as they please and that the ex-pats and their money will be served up to them on a platter. Is this country morally and financially bankrupt or is someone in the judiciary with some common-sense going to call a halt to this TRNC Public Relations tragedy? Perhaps we’ll have an answer next week?”

Will this nightmare ever end? It is now March again, this time 2013, and yet more adjournments. The way things are going, the summer recess will be upon us and yet more time of whatever the K5 litigants have left of life, will have been wasted. One thing that might come out of this is that after the summer recess there is often a rotation of Judges. One has to wonder, will Kulaksiz find they have a new Judge? We must wait and see.

Power to the people

Citizen Smith

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