Kulaksiz 5 | Judge Who Is Not Interested In Justice

Kulaksiz 5 | Judge Who Is Not Interested In JusticeWITHOUT PREJUDICE

North Cyprus Property Victims – I Ask You to Judge Who Is Not Interested In Justice

Call me a trouble maker if you will, you will not be the first. It seems anyone who points out the obvious or asks too many questions will never be popular, this is no less true in north Cyprus.

For those who have read the report in Cyprus Today and those who have not, I will retype it so you can easily read it again or for the first time. Then I want to explain to you my understanding of what it REALLY says.

“By Kerem Hasan
Chief Reporter

1. The Kulaksiz 5 main case has been reinstated, after an out-of-court agreement was reached between the bank and the residents.
2. An injunction has also been enforced preventing the sale or transfer of the Karsiyaka properties until its conclusion.
3. The case could overturn a previous ruling which gave way to the sale of properties at a public auction in 2010 after the previous land-owner failed to repay a loan secured against the site.
4. The case had been dropped after the buyers’ legal team did not attend a hearing that was held on October 14 last year.
5. Last month, a witness from the Boysan Boyra law firm testified that she had been given information by a court registrar official that the case had been adjourned because it was due to be heard on the eve of Bayram.
6. The bank’s legal team had initially objected, denying any information had been communicated about an adjournment, adding that they had believed the absence of the residents’ legal team was due to the fact that the case was not being taken seriously by the residents.
7. But at Girne District Court on Monday, Judge Talat Usar ordered the reinstatement of the case, and ordered an injunction be placed on the sale or transfer of the properties until the end of the main case.
8. Addressing the court, the residents’ advocate Hasan Akan sad that an agreement had been reached to pay 6,000TL to the bank in return for their objection being lifted on the reinstatement of the main case.
9. The money must be paid within 14 days of the order.
10. The request for the injunction to stop the sale or transfer of the properties was also granted.
11. The hearing will continue next month.”

So there you have it folks. Why the numbers you might ask, well it makes it easier for me to add that which the newspaper omitted.

1. Umm. As an owner although not resident at the moment as it would be a bit crowded with the Bank member and his family living in my villa, I was not consulted or party to this agreement. Paying the bank who took my house illegally does not sit well with me.

2. But we paid, and paid dearly to have the High Court issue this Injunction on the 14th February 2013.

Does a District Judge really have the power to overturn their decision without reference to them?

3. It does omit a very important fact. The fact that the mortgage was granted by the bank after all the properties had been sold by their borrower.

4. Again, it is not what is said, but what is not said. It omits the fact that the reason the legal team was not there was because they were told the case was adjourned, as indeed I myself was told this by the spokesman for the Kulaksiz 5. As it happens I had intended to be there.

5. Now hands up, who thinks not only should the lady who received the message have been a witness, but the member of staff from the court registrar’s office who allegedly gave this misinformation, should have been questioned UNDER OATH.

6. Oh really. Not interested, missing just ONE appearance and then because they had been falsely informed it had been adjourned. I can assure the Bank that every litigant who invested their savings accrued through a lifetime of work are more than interested in getting it back.

7. Now this is really confusing. The Judge who said NO so many times, then effectively cancelled the High Court decision to give an Injunction, has now given an injunction. Has he in effect reinstated something that he cancelled?

8. I cannot believe that K5 again are having to pay out. It beggars belief.

9. We are not bottomless pits of money, when will someone understand that.

10. Injunction granted.

11. The next date is 4th March 2014

Now how can this happen you ask yourselves? Well I personally cannot answer since I just do not know.

You must remember that K5 have an outstanding Appeal at the High Court to ask that the additional information needed for the main case be allowed. Judge Talat Usar ruled against its admission to the main case. Why, if the legal team and the litigants were ‘NOT INTERESTED’ in the case, would they have taken this further and expensive step?

I personally stopped counting my court appearances when it numbered 150, how dare anyone say we are not interested in JUSTICE. Will we finally achieve it at the ECHR, will we live long enough?

Never give in never give up.

Pauline Read

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