K5 v Akfinans Bank | the X Files from the Twilight Zone

K5 v Akfinans Bank - the X Files from the Twilight ZoneWITHOUT PREJUDICE

K5 v Akfinans Bank – the X Files from the Twilight Zone

Wow, the more you hear about K5 v Akfinans Bank Limited, the more it sounds like a case from the X Files. This case would be worthy of the talents of Sculley and Muldur no less.

On top of all the other ‘mysteries’ that make up the K5 fiasco we are now being asked to accept that as early as 2008 the Tapu cancelled the Contracts of Sale of the litigants because they did not have the signature of the Landowner Yuksel Yilmaz on said Contracts.

Small problem there, mine definitely and indisputably does have his signature on. The bank will dispute this is not relevant because of my successful (do not laugh) Breach of Contract case, but I did not win that case until November 2009, so at the time the Tapu are claiming they cancelled it, it did exist and did carry the signature of Yuksel Yilmaz.

Other questions arise from the recent claim by the Tapu.

How could there be a Breach of Contract action on a cancelled contract? Simple, it was not cancelled.

Why did they allow the Contracts of Sale to be registered in line with the Estate Agents Law, mine was registered in March 2008 and I have a clear recollection of assisting another purchaser from K5 to register hers in October 2008. How are you able to register cancelled Contracts? No that is not a trick question. You can register it because it was NOT cancelled.

The Tapu allegedly has no written record to corroborate their claim that they notified the K5 purchasers of this cancellation and cannot explain why. Well I can speak for me, I never ever received any communication from the Tapu regarding the cancellation of the Contract of Sale in 2008, 2009, 2010, 2011 2012…… The first I have heard of this claim is via this hearing of last week.

I think we can all draw our own conclusions with regard to this recent bombshell.

Pauline Read

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