K5 v Akfinans Bank – report of 14th June 2011 Interim Injunction hearing

The Hearing today got underway at 11.29 a.m. just 29 minutes late. There was a little excitement when Estate Agent Gurkan Haksever of Korenia Estates was in the witness stand. He had been sworn in and obviously did not speak fluent Turkish, fortunately the lovely lady who does all the translating turned up about 4 minutes after Gurkan had been sworn in.

Gurkan, who is part owner of Korenia Estates, had been working in the TRNC as an Estate Agent since April 2004, could not remember the exact date he had sold the property to Kulaksiz 5 victims Margaret and Brian Freeman but confirmed that indeed he had progressed the build and emails and photos were produced to corroborate this. He had a clear recollection of other properties being complete on the site and remembered having a conversation with one of the other K5 victims on site on 5th December 2005 and even mentioned this conversation in an email to Brian and Margaret. Akan Kurşat tried to throw doubt on the voracity of the photos and the witness but Gurkan explained that often British punters called him Gurk and that evolved into Kirk and became his nickname. This apparently explained an alleged discrepancy in the emails. The Judge appeared satisfied and the emails and photos were accepted into evidence.

The case was then adjourned until Friday 17th June at 10.30 a.m. My understanding is that the Bank may produce a witness and then the Advocates for each side will make closing statements. The Judge will then take time to arrive at his decision whether or not to grant an Interim Injunction. If granted the Injunction will stop the Bank selling any of the properties on Kulaksiz 5 until the outcome of the main case is known. Boysan Boyra confirmed that this will include my property but will not involve returning it to me at this stage.

To explain further: Akfinans seem to be trying to prove that when they gave the mortgage to Abdurrahman Guney (Kulaksiz Construction Limited) and Yuksel Yilmaz (landowner) there were no villas on the land. This is nonsense since the mortgage was given in November 2005 and I have documentary proof in the form of receipts and faxes from my Advocate pre-dating the mortgage showing that my build was virtually complete on the day I bought the villa, i.e. 14th September 2005; and I was the last but one to purchase. Akan Kurşat had singled out my Contract to try to prove my villa could not have been built by then, unfortunately for him he was not aware I bought an almost completed build. I even have photos I took on the 15th September 2005 showing an all but finished villa.

It was a positive morning. The usual representative from the Bank did not attend and Mr Kurşat sat alone. Several Advocates were in the court, one assumes this case is of particular interest to them, but this meant that there was not enough room for all the members of Kulaksiz 5. As usual there was no room for Agile.

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