Eviction from an apartment | confiscation of property from someone else's illegal possession
On 26.12.2019, a contract for the purchase and sale of an apartment was signed between the limited liability company BP and the individual entrepreneur CHO, located at the address: Almaty, mkr. A, house 48, sq. 91. This agreement is the basis for registration of CHO., ownership of the property received by him in government agencies. On the basis of the apartment purchase and sale agreement, the ownership of the property passed to the CHO. However, before the eviction, the Plaintiff was unable to live in it, due to the fact that the Defendants did not voluntarily vacate the Apartment, the defendants lived there. In accordance with Article 18 of the Law of the Republic of Kazakhstan "On Housing Relations", the owner of a dwelling has the right to freely own, use and dispose of it at his discretion. The right of ownership is a legally secured opportunity to exercise actual ownership of property. In accordance with Article 188 of the Civil Code of the Republic of Kazakhstan, the right of ownership is the right of a subject recognized and protected by legislative acts to own, use and dispose of his property at his discretion. The owner has the right to own, use and dispose of his property. The right of ownership is a legally secured opportunity to exercise actual ownership of property.
Eviction from an apartment | confiscation of property from someone else's illegal possession
According to paragraph 3 of Article 29 of the Law of the Republic of Kazakhstan "On Housing Relations", upon termination of ownership of a dwelling, the owner and all persons living in the withdrawn dwelling are subject to eviction without providing other housing. Article 260 of the Civil Code of the Republic of Kazakhstan stipulates that the owner has the right to claim his property from someone else's illegal possession. In accordance with the provisions of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/16/2007 No. 5 "On certain issues of dispute resolution related to the protection of ownership of a dwelling", if a dwelling is in illegal actual possession of another person, the owner has the right to file a claim for reclaiming the dwelling from someone else's illegal possession. According to Article 109 of the Civil Procedure Code of the Republic of Kazakhstan, the party in whose favor the decision was made, the court awards, on the other hand, all court costs incurred in the case.
After repeated demands for the voluntary release of property and evictions, we appealed to the court. On the grounds of the above and guided by regulatory legal acts and the legislation of the Republic of Kazakhstan, the Court was asked to: Evict the defendant SMT, with all residents, from the residential premises located at the address: Almaty, mkr.A, house 48, sq. 91. without providing other housing; Recover from SMT in favor of CHO the amount of expenses to pay for the assistance of a representative in the amount of 300,000 (three hundred thousand) tenge; Collect from the SMT in favor of the CHO the amount of expenses for the payment of state duty in the amount of 1,459 (one thousand four hundred and fifty-nine) tenge; Collect from the SMT in favor of the CHO the amount of postage in the amount of 750 (seven hundred and fifty) tenge. On December 07, 2021, the Alatau District Court of Almaty considered a civil eviction case through a WhatsApp video conference in open court, guided by articles 223-226 of the CPC, the court DECIDED: To satisfy the CHO's claim to the SMT for eviction. To evict the SMT with all residents from the residential premises located at the address: Almaty city, Alatau district, mkr.A, 48, sq.91. To collect from the SM in favor of the CHO the costs of the representative in the amount of 300,000 (three hundred thousand) tenge, the amount of the cost of paying the state fee in the amount of 1,459 (one 5 thousand four hundred and fifty-nine) tenge and postage in the amount of 750 (seven hundred and fifty) tenge.
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