Supreme Court of Georgia

Dispute was resolved for the favor of the physical entity

Published: 03/07/2012

On March 6, 2012, the Supreme Court of Georgia solved the case for the favor of physical entity and partially satisfied the claim of the citizen Nana Gauss, who seeked to obtain the ownership rights over 30 hectares of land.
According to the factual circumstances of the case, on May 10, 2055, lease agreement was concluded between Nana Gauss and Gurjaani District Administration over 30 hectares of land (pasture) for 20 years period. Nana Gauss was annually paying the sum for lease and the debt has not reckoned. In 2010 Nana Gauss addressed Gurjaani Privatization and Registration Regional Department with the application regarding the privatization of the leased land with the direct purchase. The plaintiff has fulfilled the requirements stipulated by the Law on “State Property”, including the amount paid for privatization, but received negative response from the administrative organ. Afterwards, she addressed the Ministry of Economy with the similar request, but was given with the negative response as before.
On January 31, 2011, Nana Gauss brought the case before the court and requested to charge the administrative organ with issuance of the act on transfer the leased 30 hectares of land to her personal property.
According to the judgment of March 6, 2012 of the Supreme Court, the cassation of Nana Gauss was considered as valid argument and the administrative organ was charged with thoroughly examination the circumstances of case and on the base of assessment issue of a new individual administrative-legal act for the favor of Nana Gauss.