North Cyprus “two tiered legal system”

It seems incumbent upon me to reiterate my position as far as Kulaksiz 5 are concerned. Following on from from the last article, about the rebuttal printed in yesterday’s article, the speculation on Cyprus 44 needs to be corrected.

I won a Breach of Contract action on the 6th November 2009. The Judge awarded me £120,000, that comprised of the £96,200.00 I had paid to Kulaksiz, legal fees, stamp duty, the difference between normal and builder’s rates for electricity for four years, new kitchen, landscaping and all the other money we spend on home improvement. In short, I was almost awarded my money back, emphasis on my money, no new money.

There were seven breaches in the contract, the most significant by far being the mortgage. Not insignificant were the two rebuilds of the back end of the house, floors being excavated down to a depth of over one metre.

My Advocate found property and land still in the builders’ name on which she placed injunctions which the judge, on granting the award, put court memorandums on. I would not have commenced legal action without this security as I knew I would be chasing an empty pot. I do not want to get ahead of myself but that is where the £120,000 could eventually come from. Not from  Akfinans Bank, as “crumpy” on C44 thinks. They want to pocket all the money from Kulaksiz 5, they certainly are not interested in giving me any money.

On winning my case on 6th November 2009, the judge gave Kulaksiz six months to come up with the money from other sources, normal standard procedure. At the end of the six months when, needless to say, Kulaksiz did not come up with the money my Adovcate then put further papers into the court which starts the enforcement proceedings. The court then looked to see if there were other movable assets they could seize, plant, equipment, motor vehicles to sell to satisfy the award. They found nothing. In August we go back to court to ask for an order to sell the assets covered by the court memorandum, i.e. immovable assets. As you all know, the TRNC’s record in having court awards paid is pretty poor and I really do not think I will be the exception, it could take years, it may never happen. I am a realist.

In the meantime, I consider my status as owner of the villa on Kulaksiz 5 to be exactly the same as that of every other member of Kulaksiz 5. I have never received an eviction order, the act of breaking into my villa and changing the locks was a criminal act, I have two separate legal opinions to that effect. The attempt to run Chris over with a car is a criminal offence, a very serious one. Apart from reluctantly taking a written statement we have heard nothing from the Police. It seems if you break and enter, attempt to run someone over it is such a minor offence it doesn’t even raise an eyebrow. If however, you allegedly steal a drop of paint you are arrested on re-entering the country, carted off to jail, have your passport confiscated and make 47 and counting, court appearances. Do you think the nationality of the complainant is significant, is racism raising its ugly head? Do we have a two tiered legal system just like the pricing system? Food for thought.

One last mistaken assumption on C44. The landowner Yuksel Yilmaz and the former director of Kulaksiz Construction Ltd, Abdurrahman Guney, have done a ‘runner’ to Turkey. Kulaksiz Construction Limited are still trading and their office can be found in Karakum. They are the same people, Guney’s brothers, and the same inept workmen. Even down to my pet ‘plumber,’ elevated to the lofty position of Director, who plumbed in my Titanic bath, echoes of Celine, Kate and Leo ‘keep walking through the canyons of my mind’.

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