Kulaksiz 5 v Akfinans Bank | K5’s Amendments to be Considered


Kulaksiz 5 v Akfinans Bank | K5’s Amendments to be Considered

In just a couple of weeks, in fact two weeks today, Tuesday 18th December, Kulaksiz 5 will be in court again. The Judge, Talat Usar, has given a start time of 8.30 am so for those of you who wish to support the Kulaksiz 5, set you alarms for any early start. The venue, Girne District Court.

We know that the Judge intends to consider whether to allow the items in the Bank’s answer to Kulaksiz 5’s amended case to be ‘struck out’ as requested by the Advocate acting for K5. I have no idea what these items are and indeed even if I did, it would be inappropriate to mention them.

What I do know is that the Kulaksiz 5 a collection of elderly pensioners are becoming extremely tired and that this case seems to have a long way to go still. The litigants are all well over 60 years of age and the eldest in his 90th year. You do not need to be Einstein to work out just how much physical and mental harm the stress and strain this ordeal is causing them. Add to that the financial strain to people on limited incomes, limited because they are all too old to go out and find an additional source of income, i.e. a job.


The Bank on the other hand seem to have unlimited funds.


I do remember reading that they had to do this as they had an obligation to their investors/account holders although how this can be justified when the Kulaksiz 5 residents have to witness one of the Bank Owners and his family spending the weekend in the Villa that Pauline Read still claims to be the rightful possessor of is open to debate. As far as I am aware, there was no court order involved in the ‘taking’ of this villa and the villa owned by Eve McCluskey. It has to be noted that in the cases of the other Villas the Bank are going down the legally prescribed route of seeking court permission by issuing Writs to these owners and by the court listening to their reasons for eviction of these owners/occupiers.


It also has to be witnessed that the number of Libel Writs issued to the villa possessor the Bank family member week ends in, has reached five (5). All of which she tells me she intends to vigorously defend. She says she welcomes the opportunity to tell the truth in open court.


If Mortgage Law 11/78 section 5 does not prove the innocence of these victims, then the case will certainly end up in the European Court of Human Rights where an application has already been lodged and a case number received.


Power to the people


Citizen Smith

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