CBBB wrote:Jerry wrote:Well this is what carpetbagger Frank has to say on his site "Frank and Joan in north Cyprus" today : -
Obviously there has lots been said over the last few days over the Orams case and the fact that they have lost their appeal. Everyone it seems is devastated by the news and feels for Linda and David Orams. We will all be aware that the press will have a field day and paint pictures of total doom and gloom and report that thousands will now lose their property here in TRNC, but in fact the decision this week means that the original court decision in 2004 by the South Nicosia District Court, that the Orams must demolish their property, pay back rent and compensation to the original Greek owner has not changed, but is now ratified. The UK court also made no mention of the Orams needing to sell their UK home in order to pay the Greek owner.
That is all very well, but the south cannot enforce this as they do not recognise the TRNC and that is unlikely to change in the near future. It would need a dramatic change of heart by the Greek Cypriots to unify the island and to therefore be able to enforce this decision. The current talks between the two presidents would not indicate that this is about to happen.
At the same time the TRNC Presidency has pledged financial and mental support to the Orams, offering to pay their compensation bill and provide them with a new villa if necessary. This would mean that they could get to keep their villa and their home in UK. At the same time the Presidential office says that there is no guarantee that they would do the same for any other cases which might arise. So for the Orams, no loss there then, just five years of damage to the construction industry here whilst the case progressed. A political win, win situation for the south. Clearly another case could only arise if anyone is silly enough to accept a summons from the South Nicosia District Court and some 12 months ago the authorities here made it illegal for any court officer to try to issue a summons to individuals here. So if anyone knocks on your door here, with paperwork to this effect, then call the police immediately, preferably with the registration number of the vehicle they are in.
The dispute between the Greek and Turkish Cypriot communities over property, can only be resolved by a political solution and not by issuing thousands of individual writs and in the meantime the Immovable Properties Commission has been accepted as the right route to go to resolve property matters and it has to date helped in around 400 cases, so this must be the way forward, at a much lower cost. Recently the Greek Cypriots have paid considerable compensation and returned property and the Turkish/TRNC government has done similar things here, so the claim, some years ago, that compensation would be handled by the government authorities appears to be valid.
In the meantime the propaganda machine will make short term mileage out of this situation, just at his done since the original court appearance. I personally believe that this has been the main objective of the Greek Cypriots involved as they must be fully aware that they cannot solve the property issue in this way. This coming year will hopefully see some of these issues resolved, but probably not until after the presidential elections.
What a tosser!
He is trying to make the situation sound better as he is trying to sell his illegally owned property.
Are there bigger tossers out there willing to buy it?
Yes and he also misses another important point from the A v O case. He writes :
"Clearly another case could only arise if anyone is silly enough to accept a summons from the South Nicosia District Court and some 12 months ago the authorities here made it illegal for any court officer to try to issue a summons to individuals here. So if anyone knocks on your door here, with paperwork to this effect, then call the police immediately, preferably with the registration number of the vehicle they are in."
But the A v. O result means that a summons from a RoC court referring to a case in northern Cyprus can be presented, to an individual alleged to have illegal property, in the UK or Finland or wherever else in the EU. In other words the RoC court-issued summons does not have to be presented only in the north - it can be presented in any EU country in which the respondent is to be found.