BCC 48/2006

This case involved whether the court of urgent affairs had jurisdiction to rule a monthly allowance should be paid to some heirs until an inheritance dispute was settled.

Background

The heirs of a deceased man filed a case against the defendants before the court of urgent affairs requesting them to pay a monthly expense from the inheritance of the deceased.

The court ruled that the first defendant should pay the heirs a monthly expense until the inheritance case was settled.

The second, third and fourth defendants appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the court of urgent affairs had no mandate to consider the case.

Decision

The heirs appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had violated the law and had insufficient evidence of causation. It was said that the court ruled that the court of urgent affairs had no mandate to consider the case based on the argument that the case needed subjective research though the court of urgent affairs had the mandate to consider the case because they are in desperate need of monthly expenses.