North Cyprus Property | Kulaksiz 5 | Waiting Five Years For Justice

WITHOUT PREJUDICE

North Cyprus Property | Kulaksiz 5 | Waiting Five Years For Justice

So Kulaksiz 5 are in the High Court tomorrow to find out the decision of the High Court Judges who heard their appeal on the 19th September 2012. An Appeal that took over 13 months just to be given a hearing date. An Appeal that was heard some five months ago, so that is a total of 18 months just waiting and waiting and waiting. Waiting is something that the Kulaksiz 5 have had to do since they first heard of the mortgages on their properties in early 2008, so that is 5 years of waiting.

“Why are we waiting,” a chant you often hear a football matches or other similar such venues. Well, why are we waiting?

It seems pretty clear cut that since the emergence of Mortgage Law 11/78 section 21, the Kulaksiz 5 have been very wronged, even by TRNC standards and according to their law.

Allegedly by submitting the mortgage document to the Tapu with just Tarla on was indeed against the rules. Whether they knowingly submitted this document with false information on is yet to be established in law. However, the existence of a survey commissioned by the Bank showing villas on the land, some five months before the submission of the mortgage document seems to point towards this inescapable conclusion.

Oh, there will be arguments that the Bank have spent a lot of money on the site and indeed on the villa of Pauline Read, which although she has a court order in her favour to recoup her money by selling assets of Kulaksiz 5 the Tapu are refusing to action the Court Order in her favour and in my opinion, without legal sanction, are in contempt of court. You have to wonder at the merit of such a claim since it now seems the legality of the acquisition of the properties is called in to question. Have the Bank spent money on a site they do not legally own? Or, as Mortgage Law 11/78 section 21 suggests, having acquired the site they also acquired the Contracts of the real owners and in law had an obligation to finish the site as per the Contracts? As you can see it is a legal minefield.

The one real danger in all this is: will the court cases outlive the petitioners? Not as foolish a question as it may seem. The litigants have been embroiled in this legal fight for five years, they are old, there is a very real possibility that the ANSWER to the question is YES.

Thursday 14th February 2013
Lefkosa High Court
9.30 a.m

If you care be there.

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