The court of cassation instance, if the case is considered in an illegal composition of the court or in violation of the rules of jurisdiction, is obliged to cancel both the decision of the court of first instance and the decision of the court of appeal and send the case for a new hearing to the appropriate court of first or appellate instance in a different composition of judges.
The LLP filed a lawsuit against E. and others for the elimination of violations of the rights to own and use property. The claim was satisfied by the decision of the Semey City Court of the East Kazakhstan region dated June 7, 2017. The court ordered the defendants to vacate the non-residential premises in the form of a trading house, registered on the right of ownership for the LLP. By a decision of the judicial Board for Civil Cases of the East Kazakhstan Regional Court dated September 6, 2017, the decision of the court of first instance in this case was overturned with a new decision rejecting the claim. The civil case with the LLP's request for review of the decision of the appeals board was transferred to the cassation instance for consideration by the judge's decision of November 13, 2017. It follows from the case file that the purchase and sale agreement dated November 24, 2016, concluded between CHSI and LLP on the basis of public auctions held on November 22, 2016, the trading house was sold to the ownership of LLP for 74 759 770 tenge. By the resolution and the act of acceptance and transfer dated November 24, 2016, the trading house was transferred to the LLP.
The ownership of the LLP was registered with the justice authorities on January 18, 2017. The former owner, individual entrepreneur E., under a lease agreement dated January 1, 2017, the trading house was transferred to individual entrepreneur C. for a period until December 31, 2017, with the right of the parties to prolong this period. IP S. In turn, sublease agreements were concluded with the rest of the defendants in the case, who are also individual entrepreneurs. The cassation board concluded that the case was within the jurisdiction of the specialized interdistrict economic court of the East Kazakhstan region. Meanwhile, by overturning the decision of the appeals board and sending a civil case to the Council of Economic and Social Council of the East Kazakhstan region, the cassation board did not overturn the decision of the Semey City Court.
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