BCC 14/2006

This case involved an ownership claim for some land. The land was public land which had been seized for 40 years so under the statute of limitations ownership could not be claimed.

Background

A claimant filed a case before the civil court requesting the dismissal of a previous ruling and the validation of his ownership of a disputed property. The claimant said that the first defendant had received a ruling that validated her ownership of the property though he was the owner for 40 years.

The court dismissed the case.

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

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had violated the right of defence. It was said that court had dismissed his request to refer the case to investigation in order to prove that he was the actual owner of the property but the court had dismissed the request.