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Damages claim against Joala–Kose association ended after claimant’s waiver
Ruling (kohtumäärus) accepting waiver of a claim · Viru Maakohus · First instance
Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu · 80170785
Entry into force has not been reverified
Participants and roles: claimant XX; defendant – Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu
How it started · editorial summary
An individual XX’s damages claim against the Joala–Kose association was pending; the claimant waived it.
The dispute and the court’s decision
Claimant XX brought a damages claim against Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu. During proceedings, Viru Maakohus received a waiver signed also by the defendant. The claimant confirmed understanding of the consequences and requested each party to bear its own costs and reimbursement of half the fee.
The association agreed to the waiver and proposed costs allocation. The court accepted the waiver and ended proceedings without deciding liability for the damage. It explained the consequence under the procedural rules applied: following such termination, the same claim against the same defendant on the same subject matter and grounds cannot be brought again.
Of the 315-euro fee paid, the court ordered 157,50 euros refunded. Each party bears other costs. By agreement of the participants, the right to appeal the ruling was excluded, as expressly recorded. The ruling establishes neither the damage amount, merits of the original demand nor voluntary satisfaction of it.
Outcome of this decision
Terminate case 2-22-2124. Leave costs with the respective parties. Refund the claimant half the fee, 157,50 euros. According to its text, the ruling is not appealable because of the parties’ agreement.
Translation of an anonymised, abridged excerpt from Estonian
2. The parties shall bear their own litigation costs.