North Cyprus Property | Winner Takes Bugger All!

North Cyprus Property | Winner Takes Bugger All!WITHOUT  PREJUDICE
North Cyprus Property | Winner Takes Bugger All!
How can you lose when you win? Easy answer, take legal action in north Cyprus.

How I remember that day, the 6th November 2009,  when smiling from ear to ear an excited Pauline Read was telling everyone who she passed in the court area,  “I won, I won!”  No wonder they looked at her as if she had lost the plot; most of them were Advocates. On the 1st October 2010, Judge Ilker Sertbay gave her an enforcement order which was passed to the Tapu to enforce. This means the Tapu are being ordered by a Judge to auction the assets in the memorandum he also gave.

Ha, bloody ha.   Fat lot of use if the Tapu decide, no we are not selling. Or if, as is more likely. have been ordered by a Minister not to sell.  This is exactly what happened to Pauline Read.

So here she is, three and a half years after she received justice a la north Cyprus, still involved in litigation via the Kulaksiz 5 case  and now considering asking leave to take action via the Mandamus route.

Even as a fellow litigant in the K5 case, paying 1/9th of the costs and fees, she often is not kept aware of what is happening in the case.

Here is a reminder of what a Mandamus is and what it can be used for:

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”

Clearly, not straight forward because first you have to convince a High Court Judge to give you leave to apply for an”Order of Mandamus.” If you get over that hurdle and go to the Supreme Court and win such an order, what guarantee have you that having won it, it will be obeyed. Bear in mind you only needed to do this because a Government Office was ignoring an existing court order, which if you or I did, we would end up behind bars for Contempt of Court.

Pauline Read was once told by an Advocate “trust the courts here”. If you were her, would you?
Good here innit.
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