Let us look at what really happened to Kulaksiz 5 in court yesterday. Judge Usar had been handed a ‘hot potato’ of a case by the High Court. The High Court had received the case through an Appeal against the first verdict given by Judge Beril. So it is in fact the third hearing of the same case.
As a result of the first hearing, the Judge ruled against the Interim Injunction and if my memory serves me well, the Judge in that case made a very similar remark to the remark by Judge Usar on page 5 of Cyprus Today “He said he believed there would be no ‘irreversible harm’ to the defendants if they were evicted as the bank could compensate the Kulaksiz 5 buyers – if they were to win the main case”
The Appeal Court decided they could do one of three things:
1. Uphold the decision of Judge Beril
2. Rule in favour of the Injunction.
3. Overrule the decision of the lower court and send it back to be reheard.
They decided on option 3 which is how K5 arrived in Judge Usar’s court yesterday to hear his crushing verdict.
Boysan Boyra has said he will launch another Appeal and also requested an emergency injunction to stop Akfinans Bank doing anything from now until the end of the Appeal Hearing.
Let us look at the remarks of these learned people. When making such trite remarks, are they aware that most of the resident Kulaksiz 5 have no spare cash. If evicted, where would they live? Are they aware that the ages range from 63 to 89; can they honestly claim that if their 89 year grandparent were hounded and intimidated by the Kader family, they would suffer no irreversible damage? Do they not realise medical studies have proved that a constant state of stress impairs the immune system, combine this with the frailty of age, are they really telling us they believe these pensioners will just bounce back after such treatment. I am telling you, they won’t. The prospect of premature death is very real.
Has the Judge stopped to think that all K5 really want is to keep their homes and live the rest of their days in peace? It seems that what Kulaksiz 5 wants is of little or no importance when balanced against what Akfinans Bank Limited want. We all know that what Akfinans Bank want, they take regardless. I was going to say regardless of the consquences, but we all know, for them, there are no consequences.
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