The Fifth Section of the Provincial Court of Las Palmas has annulled a judgment of the Court of First Instance number 1 of Arrecife, which ordered the eviction of three people from a house in the Playa Blanca Partial Plan, considering that the developer has not proven ownership of the property.
It was the company Tío Pino 2, which, as stated in the judgment, is in bankruptcy proceedings and liquidation, that initiated the eviction of the three tenants, two of whom were also declared in a situation of "procedural rebellion". This entity was one of the developers of the Playa Blanca Partial Plan, which was declared illegal by the Justice, although the new General Plan of Yaiza later covered it.
In the first instance, the Court number 1 of Arrecife upheld the company's claim and ordered the three defendants to vacate the house "within the legal term" in September 2018, but one of the tenants appealed the sentence, managing to get the Provincial Court to acquit them.
And, although the judgment of the Provincial Court points out that the entity "is the registered owner of a property" in the Playa Blanca Partial Plan, the Chamber adds that the address of the house for which the eviction is requested does not appear in the registry entry. "And since there is no evidence to prove that the registered property owned by the plaintiff corresponds to that address and there is, therefore, no identification between the ownership claimed and the property claimed, the appeal should be upheld without further reasoning,"
Thus, in a judgment dated April 26, the Fifth Section of the Provincial Court revokes the judgment of the Court of First Instance number 1 of Arrecife by which the three tenants were sentenced to be evicted and dismisses "entirely" the claim of the company Tio Pino 2. Consequently, the court acquits the three defendants and, in addition, imposes on the company the payment of the costs incurred. However, the ruling indicates that an appeal in cassation is still possible.
