North Cyprus Law | Mandamus – What a Performance!

North Cyprus Law | Mandamus - What a Performance!WITHOUT PREJUDICE

North Cyprus Law | Mandamus – What a Performance!

“man·da·mus | noun \man-ˈdā-məs\

Definition of MANDAMUS

: a writ issued by a superior court commanding the performance of a specified official act or duty

Origin of MANDAMUS

Latin, we enjoin, from mandare

First Known Use: 1760″

I have to say the word Mandamus goes back a long way and loses nothing of its power for that.  But really, should a Mandamus be necessary?

I personally think it should not. If everyone followed the legal system, especially here in north Cyprus, and particularly where the duties are clearly laid out, there would be no need. There seems to be the laws and regulations here, more than enough to cover any eventuality, so why are they not used?

Within the last few years two in particular spring to mind:

1. Mortgage Law 11/78 section 21. This has become very relevant in the K5 case, yet had it been applied when the mortgages were first found and by those Advocates who did the conveyancing for the K5 victims and the other victims of stealth mortgages, would the protracted cases now going through the courts have been necessary?

2. The regulation that requires the Tapu to act on an Enforcement Order issued by a District Judge within six months. The Tapu in Girne have allegedly thrown roadblocks in path of Pauline Read every step of the way and she is devastated she was forced to go to the Supreme Court. This was compounded by her previous Advocate who refused to chase them and even told her in writing she was not allowed to.

If they had acted within their remit, she would not have been facing the problem that the writing of the shares in such a convoluted way by their representative over two years ago and not now. Two years ago the market was a little more buoyant than it is now also.

She feels she has been severely impacted by their lack of action. She has no way of knowing whether this unnecessary delay has caused her to lose a potential bidder or if indeed they would have found an answer to the 75459/215800 conundrum, but it would have been good to have had the opportunity. This was denied to her by the lack of action action by the Tapu.

It seems very wrong that the actions of a Government department can adversely affect a person’s legal rights and there is no recourse or compensation available to that person. The Mandamus forces them to do their duty, but it does not give the ‘wronged’ person any remedy if s/he is financially or emotionally affected by their lack of action. Add to that mix the now very complicated way the portion of the Kocan is divided, rather than in the 3/8 that appeared on the Injunctions and you can see the problem.

Power to the people

Citizen Smith

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