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The Court of Cassation made a case decision on demand of recognition of violation towards right of ownership and a right of real estate acquisition by longstanding purchase prescription.

Citizen Rafik Nikoghosyan seized the court demanding to cease the illegal ownership and evict Lavurik Aslanyan, Andranik, Narine, Knkush and Karen Manoukyan from the premises and the surrounding land located on 51 Rostom Str. in Yerevan.

Narine and Andranik Manukyan in the counter claim appealed to the Court demanding to recognize their property rights over this same land and premises on the right of its longstanding acquisition.

The trial began in 2008. It came to its final stage on one part by the decision of the Court of Cassation. With its second part it will be sent for a new investigation.

The Court of General Jurisdition of Kentron and Nork-Marash Administrative Districts and Civil Cassation Court referred several times to this case each time with different decisions, some partially satisfying the suitor and some satisfying the counter claim applicants.

Rafik Nikoghosyan in his complaint to the Court of Cassation mentions that the Court of Appeal violated 1. Article 1, Point 2 of the RA Civil Code, 2. The accordant provisions of the RA Code of Civil Procedure and of the European Convention on the Protection of Human Rights and Fundamental Freedoms”.

Taking into consideration the abovementioned the Court of Cassation made a decision that Rafik Nikoghosyan’s appeal with the first ground is reasonable according to Article 140, Point 1 of the RA Civil Procedure Code. At the same the Court came to a decision that his second claim was unproven. The Court noted that according to Article 6 of the European Convention of the Protection of Human Rights and Fundamental Freedoms each person has a right to have his case considered in reasonable time.

Therefore the Court of Cassation partly validated the judicial act of the lower court and made a precedential decision.

The counter claim was satisfied partly. The decision of the Civil Court of Appeal on rejecting the claim of Andranik and Narine Manukyan that was cancelled by the Court of General Jurisdiction of Kentron and Nork  Marash  Administrative Districts was set aside.

In the meantime the Court of Cassation made a decision to keep in force the decision to send Rafik Nikoghosyan’s case for a new investigation.