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Kulaksiz 5 v Akfinans Bank | Where the Case Stands Currently

Kulaksiz 5 v Akfinans Bank | Where the Case Stands CurrentlyWITHOUT PREJUDICE

Kulaksiz 5 v Akfinans Bank – Where the Case Stands Currently

I was asked recently where Kulaksiz 5 were with regard to their legal case against Akfinans Bank Limited. K5 commenced their case against the Bank in November 2010 using Boysan Boyra.  Of course prior to that date and since 2008 we had been fighting the Bank’s perceived right to our homes.

With regard to where we are at this present moment.  As you all will know during the period with Boysan at the helm, we have had one high and many many lows. Not least of these lows was when we were told a hearing date had been cancelled, it had not and the Bank took the opportunity to use this as an excuse to have the case thrown out. Strangely the Judge granted their request and we had to fight tooth and nail to have it reinstated…and pay for the privilege. Paying for any and everything seems to have been one consistent ploy in our case. The biggest danger with having our case thrown out meant that we also would lose the one high. The injunction given after the 6th attempt to obtain it. The injunction given by the High Court on the 14th February 2013 which prohibited the bank offering the villas for sale until the outcome the case. Fortunately the District Court Judge also reinstated the injunction.

You may wonder why we still have the same Judge who has found against us every time, I know I do.  Maybe the summer recess will result in a different Judge being appointed, this being the time when there is usually a rotation of Judges. I know in the cases I personally brought against the builder, I had four different Judges.

So today the situation is this:

We are in the middle of the main case and when the courts broke up for the summer recess our Advocate was cross-examining Mehmet Kader a member of the bank owning family. A man who has a very short fuse.

The case will resume on the Wednesday 24th September when the cross examination will continue.

The end of this case will probably result in an Appeal, by us if we lose or by the Bank if they lose.

The Appeal is the final stage in this case. If we lose, we will be going to the ECHR in Strasbourg. If we win, it will be the start of trying to get the Bank to comply with the Judgement. So even if we win, we have no way of knowing if, or how long it will take to get satisfaction.

When we embarked on this case, I personally had no idea where it would go. I naively thought a win would be the end. How foolish and ignorant of north Cyprus legal system I was. The whole experience has been a learning curve for me and now I have to say, I do not believe I personally will ever achieve anything through such a system. I have my doubts the other members of K5 will ever be allowed to live in peace. In my opinion, the best result for the K5 would be to lose in north Cyprus.

I also have noted that Boysan Boyra personally has not been in court for the Kulaksiz 5 for some considerable time. On making enquiries about this, I have been told he is still our Advocate and does discuss the case with his deputy who appears on our behalf.

Pauline Read

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