Kulaksiz 5 v Akfinans Bank – Result of Court Hearing Application for Interim Injunction

The start time of 10.30 a.m. given for the hearing today at Girne District Court came and went as so often happens in these cases.It was well after 11.00 a.m. before we actually went into the Court. Judge Talat Usar was Hearing our case. With so many supporters attending the court today it was not possible for everyone to come into the court. Other than our Legal team of three, the Akfinans team of Akan Kursat, one of the Kader family and a female, making three in total, the members of the Kulaksiz 5, an Advocate who was unknown to me and Anna, journalist from Cyprus Today, there really was no more room in the Court. The Judge noted the many supporters who would have liked to sit in and sounded very sorry when he had to ask them to wait outside.

To begin proceedings the Contracts of all the K5 purchasers were introduced into evidence as was other paperwork. It is my understanding that all our evidence has now been handed in to the court.

Sevil Ozun, a member of the Permission to Purchase staff from the Ministry of the Interior was sworn in and gave evidence regarding the Permissions to Purchase for the residents and owners of Kulaksiz 5. Obviously as a non-speaker of Turkish I cannot give a lot of detail of the questions she was asked. She did however receive many questions from Akan Kursat, Advocate for Akfinans Bank Limited and appeared to be diligent and competent in the answers she gave.

At this point I wrote a little message to Agile which I showed to him, it said, ‘He’ll try to get me thrown out’. No sooner had Agile read this note than Akan Kursat did exactly that. I heard the name Pauline Read mentioned and I heard Boysan Boyra counter his arguments. The end result, I am still in the case.

You might ask why he would want me excluded from the case. Well apart from the obvious explanation, I am a pain in the nether regions to them.

Now this is quite important to anyone contemplating a Breach of Contract Action. This action causes your Contract to be terminated and so although you may win and you may be awarded compensation, the record here of actually ever receiving that compensation is very poor. So if, even like me, you have Court Memorandums on assets you could wait an awful long time for the Tapu to sanction the Auction and even then, you have no guarantee the assets will sell and you will receive the compensation. I do not feel that the legal system makes this clear to the victims. In short, if you take a Breach of Contract action you are giving up your rights and this should be made crystal clear at the start. It is a hollow victory if you win your case, never receive your compensation and lose your rights under your Contract in the process. In my opinion, this is another anomaly in the law here that must be addressed.

After Sevil had finished giving her evidence, it looked as if Richard Barclay who has Power of Attorney from the rest of the members of K5 to give evidence on their behalf, was about to give evidence. This however was the point at which a halt was called to the proceedings and the next date of Thursday 26th May was given. The start time given being 2.00 p.m.

Pauline Read – Chartered Institute of Journalists

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