North Cyprus Property | Pauline Read Takes Tapu to Supreme Court

North Cyprus Property | Pauline Read Takes Tapu to Supreme CourtWITHOUT PREJUDICE

North Cyprus Property | Pauline Read Takes Tapu to Supreme Court

Today is a red letter day for Pauline Read. Today, thanks to the excellent services of her Advocate Mehmet Kaptan Bensen, she was granted leave to file a case for Mandamus.

For those who do not know what Mandamus is, here is a reminder:-

North Cyprus Law | What to do if a Government Office fails in their Duty
Sunday, November 18, 2012 by Legal Eagle

Qu: What can you do if the Police or Land Registry Office or any government office refuses to use their authority or refuses to do their duty?

An “Order of Mandamus’’ means an order issuing out of the Supreme Court (Appeal Court) requiring some person or body of persons, having a duty imposed on him or them by law, to perform some act which he/she or they are legally bound to perform in the discharge of such duty. As you can see an Order of Mandamus can be obtained from the TRNC Supreme Court sitting as the Court of Appeal. This court is composed of three Supreme Court Judges. One of these judges would hear the application for leave and give leave before your Mandamus application can be heard at the Court of Appeal.

Once you have obtained Leave to file a Mandamus application from one of the Supreme Court Judges you can file your Mandamus application and then your application would be heard by the Court and the Court would decide where or not they shall give an Order of mandamus.

North Cyprus Lawyer”

Mandamus is almost the last resort if the Government Office refuses to do its duty. It is a very rare court action and very few such cases have been heard in the TRNC; indeed most Advocates will not have ever been involved in such a case.

Once a decision has been made to apply for leave, it by no means is a forgone conclusion that leave will be granted and, I can tell you, I observed Pauline and her Advocate leaving the Judges chambers this morning looking relieved and a lot more relaxed than before they went in. The smile on Pauline’s face and the huge ‘thumbs up’ she gave to Agile, told the story.

On Monday Pauline and Mehmet Kaptan Bensen will visit the Supreme Court registry and file their Mandamus case. The written leave from the judge to file the case will be available then, hence the reason they could not go right ahead today and file the case.

This will be a landmark case and could create a precedent for many to follow. To give you some idea of how many cases go this route, that is all Supreme Court cases, Pauline’s case is number 11 this year. That of course does not mean they are Mandamus cases, indeed this may be the only one this year, we have no way of knowing.

There is also no way of knowing if this case will be successful, but Pauline is cautiously optimistic. Her Advocate likened it to bypass heart surgery, in that she does not have to endure going through the lower court system with this case.

Pauline told me she is so impressed with the advice she has received from her Advocate and the sheer determination he has shown in her case. If you will recall, her previous Advocate said it was not possible to chase the Tapu, that they worked at their own pace.

Yea right, of course they do, but they are not the law, they are there to carry out the instructions of the court. When a Government department appears to ignore the rights of the individual someone has to challenge them. This is exactly what Pauline via her Advocate intends to do.

For those not familiar with Pauline’s case:

6th November 2009 – Pauline won a Breach of Contract Action and was awarded £120,000 plus 4% annual interest.

10th October 2010 – The judge gave an Enforcement Order, this meant the Tapu were ordered to sell the assets Pauline had memorandums on.

Despite many complaints about the delays to her then Advocate, she was told they were unable to push the Tapu. She visited the Tapu herself and so did her now Advocate. The Tapu confirmed they were not going to go ahead with the auction.

It is for this reason she is now starting her 10th court case since retiring to north Cyprus. Retiring…what a joke.

The one bright spot in Pauline’s life here, she told me, was meeting Mehmet Kaptan Bensen.

Power to the people

Citizen Smith

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