ADCC 4/2009

The original dispute involved parties who had agreed to form a medical company and that as part of this one of the parties would transfer land on which a hospital would be built. The land was not transferred. The company requested the court to confirm the validity of the contract which included the ownership transfer. It was argued the lower court had mistakenly reversed the grant of the land contrary to the civil transactions law. This was not correct.

Background

A company filed a case against two defendants claiming an agreement had been reached on 16/04/2006 to establish a medical care company between the two parties and that a hospital would be built on the first defendant's land. The company stated the first defendant had refused to transfer the ownership of the land to the company. The company requested the court to confirm the validity of the contract which included the ownership transfer.

The court rejected the case and ordered the company to pay the fees because a component of the grant had not been fulfilled.

The company appealed the ruling before the court of appeal. The court upheld the ruling.

Decision