KPCC/D/A/149/2012 - Kosovo Property Agency

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submitted a certified purchase contract No. 854/2009 dated 24 March 2009 concerning
the claimed property, signed by the Claimant’s authorized representative and the Respondent.
The Respondent also submitted a certified power of attorney, by which the Claimant
authorized his lawyer, Bedri Godanci, to sell the claimed property to the Respondent. The
Executive Secretariat located ex officio an updated certificate for the immovable property
rights No. UL-71010022-00202 dated 28 February 2012, which lists the claimed property in
the name of the Respondent. The Executive Secretariat contacted the Claimant informing
him of the above. The Claimant confirmed that the claimed property had been sold in 2009,
but that he does not have time to withdraw the claim. Accordingly, the claim falls outside the
jurisdiction of the Commission and stands to be dismissed.
g. Claim No. 25055
24. Claim No. 25055 has been filed by the Claimant in his capacity as a family household
member of the alleged property right holder, namely the property right holder’s son. The
Claimant submitted a purchase contract No. 26/1965 from 1965 and a possession list listing
the claimed property in the name of the alleged property right holder. The Respondent states
that his sister in law purchased the claimed property from the alleged property right holder
and submitted a purchase contract No. 5663/2003, based on which the cadastral records were
updated in 2003 and the claimed property was registered in her name on possession list No.
257. Both parties allege that the initial purchase price had not been received by the alleged
property right holder, as third parties involved in the process had defrauded the property right
holder from receiving the purchase price. The Claimant filed a claim before the Municipal
Court in Pejë/Peć on 21 April 2005 for annulment of the purchase contract on the basis that
the transaction was forged. The parties reached a Court Settlement C.nr. 727/05 on 15
December 2009, whereby the Respondent agreed to pay the property right holder a sum of €
18,500. The Claimant refuses to withdraw the claim on the basis that there is another
residential dispute pending resolution before the Commission. The Commission considers
that the court settlement on the subject matter constitutes res judicata and the claim therefore
stands to be dismissed. Furthermore, since the Claimant confirmed that the claimed property
has been sold, the claim falls outside the jurisdiction of the Commission and stands to be
dismissed on this ground as well.
h. Claim Nos. 26113 and 26116
25. Claim Nos. 26113 and 26116 have been filed by the Claimant in her capacity as a
family household member of the alleged property right holder, namely the property right
holder’s daughter. The Respondent alleges that he bought the claimed property in 2004 and
submitted a purchase contract No. 3295/04 dated 29 December 2004 and possession list No.
325, updated according to the purchase contract. When contacted by the Executive
Secretariat, the Claimant confirmed that the claimed properties had been sold but that she
could not withdraw her claims. Accordingly, the claims fall outside the jurisdiction of the
Commission and stand to be dismissed.
i. Claim No. 29145
26. Claim No. 29145 has been filed by the Claimant in his capacity as the property right
holder. The Respondent alleges that he purchased the claimed property from the Claimant
and submitted a purchase contract No. 7325/2009 verified by the Municipal Court in Pejë/Peć
on 16 September 2009 and an updated certificate for the immovable property rights listing the
claimed property in his name. Upon being contacted by the Executive Secretariat, the
Claimant confirmed that he had sold the claimed property to the Respondent and no longer