The trial of 1m euros in libel compensation, Paul Lekaj, wins the case even in Apel

The trial of 1m euros in libel compensation, Paul Lekaj, wins the case even in Apel

The Court of Appeals has confirmed the ruling of the Constitutional Court in Gjakova, which in the retrial had thrown the plea for slander in the case where the former representative of the Gjakova municipality, the former Noter and now the lawyer, Shaqirir Voula, had exercised on the former head of Gjakova, Pal Lekaj and the Gjakova municipality, where he had sought compensation [...]

In the act of Appeals, it is said that the first-degree court has ruled right when it has rejected the plaintiff's plea as inefficiency and that the same has applied it to material law.

“The Court of Appeals has resulted in the plaintiff's complaining claims that the first degree court has incorrectly assessed the deadline of the” indictment, the Appeals Act said.

According to Appeal, from the time of the claim of slander and insult, more than 7 months have passed, so that the subjective term of three months has passed.

From the time the indictment was claimed to be slander and insult to the date 15,01.2009, which the plaintiff has not doubted the slander has taken place on this date until the preamble of the indictment has been spent more than 7 months from the day the plaintiff claims to have been caused the damage and the day he has become aware of the person who committed the slander, so that the three-month term subject has passed to preempt for compensation”, it is said among others in the act of Appeal.

By contrast, the Court in Gjakova in 2016 had taken the case under which he had refused as a whole as an unconventional suit, but the Court of Appeals in February of this year has turned the case into retrial and deployment.

In the act of Appeals, which had turned the case into retrial, it is said that the first degree act is involved in substantial violations of the contextal procedure provisions and that, in this case, the court has originally had to be issued in the allowability of the application before deciding merit in this case.

In the indictment that was exercised in 2009, it is said that through the 2009 show “jet in Kosovo {Comunal Debat” broadcast in RTK, the chairman of the Gjakova municipality, Paul Lekaj, invited to the show as a guest, had been asked that “because the Public Lawyership of the municipality has not been submitted to ♫ Shaqir Vula?

“Shacir Voula, as a municipality lawyer, has lost all cases in the courts and that he has failed in his work as a public lawyer in protecting the interests of the municipality and that his work has been negatively assessed even at previous Assembly sessions, so at his workplace it has been declared the” contest, Paul Lekaj is said to have responded.

On the other hand, the indictment says that this statement by Lekaj to the national media RTK, the seal, has caused great material and moral damage and that Lekaj's statement was inaccurate and uncontested.

By this indictment, Voula had asked the then Communist Court in Gjakova to force Paul Lekaj to stop the slander so that such slanders could not be repeated and to attract this slanderous information.

The seal through the indictment had demanded from Lekaj and the Gjakova municipality as objectively responsible, in order to solidise the plaintiffs' material and moral damage caused by slander, in many of the 1m euros, as well as procedural spending. /Betimy for Justice

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