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State Appealing against Court Decision

March 30, 2011

Salome Achba

The State is appealing against the Sighnaghi Court decision which envisages restoration of property right of Irish citizen Ciara Rosemarie O'Sullivan.

On December 27 of 2010, the Sighnaghi court abolished the April 27, 2010 decision of the public registry according to which Ciara Rosemarie O'Sullivan was deprived of her house in Sighnaghi. Humanrights.ge had published the article on the corresponding:

http://humanrights.ge/index.php?a=main&pid=12633&lang=geo.

In 2007, as a result of the tender announced by the Ministry of Economics, Vano Tsabutashvili and Gocha Ghvinepadze, the citizens of Georgia became the owners of the building situated at Kostava St. in Sighnaghi. Soon an agreement was made between them on the dissociation of the building. In 2008, Vano Tsibutashvili sold his part of the building to the wife of his brother, the citizen of Ireland and Georgia Ciara Rosemarie O'Sullivan. In two years she was deprived of her property according to the document of public registry.

According to her lawyer Malkhaz Pataraia, the purchasers fulfilled all the requirements envisaged by the purchase agreement made with the Ministry of Economics. However, they were still deprived of the property. The reasons are unknown.

The Ministry of Economics started administrative proceedings regarding the abolishment of the purchase agreement made between the Ministry and the purchaser in 2010. On March 16, the Minister Zurab Pololikashvili issued a decree on the annulment of the contract and commissioned the Kakheti Regional Agency of Ministry of Economics to deprive the property and give it back to the state ownership. The Regional Agency redirected this assignment to the public registry. The latter registered the corresponding building under the state ownership again.

Ciara Rosemarie O'Sullivan’s side appealed against this decision of the public registry. “According to the legislation, the Ministry of Economics and Kakheti Regional Agency should have addressed not the public registry but the court. The court should have made decision on the deprivation of the property and not the public registry,” – states Malkhaz Pataraia.

Ciara Rosemarie O'Sullivan won the case in Sighnaghi Court. The decision of the public registry according to which she was deprived of her property was abolished. However, this decision has not taken effect yet. The State appealed against it in the Appellate Court. The court session will be held on March 31st.

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