TRNC Legal System’s unenforceable judgements bring more money for Advocates

On the 6th November 2009, after a series of Hearings of my Breach of Contract application, three different judges and more stress than you can begin to imagine, Judge Ilker Sertbay found in my favour awarding me the princely sum of £120,000 with 4% interest. I had already secured Injunctions on assets still in the name of my builder and the Judge made these in Court Memorandums. Job done you might think. I certainly did.

This however was and is not the case. What I had not been made aware of is that the end of your case is not the end of your problems here in the TRNC. It would not be an exaggeration to say it is the beginning. In my case I then had to wait 6 months so that the defendant, i.e. Kulaksiz Construction could be given time to Appeal this decision. They did not. Oh you might think, then this is the end, the assets will be sold and our Pauline will get her money. No, no, no that would be far too simple.

Arrangements were made for someone from the Tapu (Land Registry) to go to the assets and measure them to make sure my Memorandum and the assets named on it were the same,. How do I know this happened? Good question, I can say with absolute certainty that it did because we took the man from the Tapu, who was called Mr Denktas (no relation, I did ask), in our car to the site in question. We waited whilst he did, whatever it was he had to do, and then took him back to the Tapu in our car.

On Friday the 1st of October 2010 we went back to Judge Sertbay’s court to have Mr Denktas inform him of his findings and hopefully get the Judge’s approval of the sale of the assets. Imagine my surprise to find the Guney ‘boys’ (Kulaksiz Construction) waiting outside the same court with their Advocate, yes 4 months too late they had arrived to Appeal my award. I could not believe the Judge even allowed them to appear, but he did, thankfully he agreed with my Advocate that it was too late and sent them on their way. At this Hearing Mr Denktas reported to the Judge and it is my understanding that he sanctioned the sale of the assets and gave instructions to the Tapu to that affect. Job about to be done now??? Don’t be silly.

I am learning as I go that winning anything in the TRNC is an uphill struggle and maybe I am being unfair but I get the impression you will never get your money back no matter what you win or how you secure it. I hope I am wrong.

Now being the forceful little lady that I am, I decided that the Tapu should do what the Judge has instructed them to do, but I was told by my Advocate they are not able to be chased.

Here are some facts you may not know. A Court Memorandum is not forever. If you fail to renew it before the first two year anniversary, it is lost. Thereafter you have to renew it a annually. You may wonder why would you need to renew it at all, surely an order given by a Judge should be acted upon as soon as legally possible.

Oh dear, here I go again complaining when I should be counting my blessings, little else left to count, they have taken all my money, my villa, my laptop, but not, I am pleased to say, my sense of humour.

 

 

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