BCC 151/2005

This case involved the auction of a property which it had been declared could not be divided. A payment had been paid into the court treasury for the auction but had been made after the closing date for the auction and had not followed the requirements for a bid made at that time.

Background

Some claimants filed a case against defendants before the court requesting the appointment of a commission to divide their property. The commission said that the property could not be divided.

The court ruled that the property should be sold in auction.

The defendants appealed the ruling before the court of appeal. The court dismissed the appeal.

Decision

The defendants appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was said that they maintained before the court that the claimants had no interest in filing the case because they had paid the value of property into the court's treasury but the court dismissed this defence.