North Cyprus Property Victims | Kulaksiz 5 Case Cancellation


North Cyprus Property Victims – Kulaksiz 5 Case Cancellation

I used to have a Greek Cypriot friend who regularly started a sentence with, “can you imagine…?” What usually followed was something to do with his past and was always interesting.

Okay then, “can you imagine how it would feel to be treated fairly, to have your Kocan and to be living in your home your bought and paid for without a care in the world?” Of course there are many who are doing just that, both in the north and the south of the island of Cyprus. Unfortunately there are many, and if you include the south, the figures go into the hundreds of thousands, who do not have such peace of mind.

You then have to think, “is it better to have been defrauded in the north or the south?” Being shafted is not good wherever it happens, however I have to say that although the south villains do everything in their power to make the obtaining of justice difficult, the fact that they are members of the EU makes access to a legal remedy easier. It does not make it cheaper or less time consuming, however. It does not make it less stressful. You do also have access to publicity and the press there are interested in your plight. The situation in the north is a different ball game. The legal remedies are prohibitive because of the cost.

As an example, take the Kulaksiz 5 (K5). They had a fixed rate deal with their advocate for his fee. However the on-going court costs are huge and you should not believe the costs are a known entity….they are not. You think because you know you are right then the law, ergo the courts, will agree with you and at some point if and when you win you will get your costs back…no, no, no, any costs awarded are ‘bunce’ for your Advocate.

Back to K5, they know they are right, they have no doubt whatsoever, so how can their case have been cancelled and how come they were only told when they appeared at the court on the new date given to them by the court administrator? This is the same court administrator who told them the date when they did not appear had been cancelled; the non-appearance that caused the Judge to cancel their case. If that sounds suspect to you, join the rest of those who think the same.

Does a District Court Judge have the authority to cancel a case that has a High Judgement attached to it, i.e. the Interim Injunction awarded to them on the 14th February 2013? Does that make a mockery of the High Court ruling in anyone’s favour? The same Judge whose original decision to deny the Injunction that was overturned by the High Court? Incredible but true.

Should such a cavalier decision be the subject of a Judicial review?

Oh, I can hear some saying, she is banging on again about K5. Forget K5, this is about each and every case where there is a stealth mortgage or a memorandum involved. The knock on effect of what is happening now to K5 affects each and every home owner with a mortgage or memorandum on their property. Sadly, some of you have still to find out that you are affected.

Never give in never give up.

Pauline Read

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