Kosovan Legal Group successfully represented the rights of a land leaseholder in the Supreme Court.
The case involved complex legal issues that influenced the complexity of the litigation strategy. The landowner, in an attempt to negate the tenant’s preliminary right, simultaneously entered into an emphyteutic lease agreement with another company, the rights of which were successfully registered.
In defending the client’s rights, legal proceeding was initiated, resulting in a court ruling to secure the claim by prohibiting registration actions regarding the land plot. Despite this, during the lawsuit, the landowner terminated the initial emphyteutic lease and entered into a new one with a third-party company, whose rights were subsequently registered.
Considering that the second emphyteutic lease was entered into during the period of the court prohibition, the client canceled the emphyteutic right through a claim to the Ministry of Justice’s Collegium and successfully registered their lease rights afterward.
However, the landowner filed a lawsuit seeking to cancel the client’s lease rights and the termination agreement of the initial emphyteutic lease, as its termination was registered during the court prohibition period. Satisfaction of such a claim would result in the reinstatement of the emphyteutic right under the initial agreement.
In this context, the client sought our assistance in defending its rights in a situation where the landowner seemingly had legal grounds, as the termination of the initial emphyteutic lease was actually executed and registered in violation of the court prohibition.
However, justice is not only about legality but even more about justice. And the court in this case once again proved it.
In this case, we successfully persuaded the court on two key points. Firstly, there was no violation of the landowner’s rights, as he personally signed the termination of the emphyteutic lease and completed the corresponding registration, thus not infringing on its rights. Secondly, the contradictory behavior of the landowner, who, after signing an agreement with the client, subsequently entered into two emphyteutic lease agreements with other companies and registered their rights, clearly attempting to prevent the client from exercising its legitimate right to lease the land plot.
These arguments were accepted by both the appellate and cassation courts, leading to the dismissal of the lawsuit.
For more detailed information on the Supreme Court’s decision, please follow this link: 395/251/22.