BCC 229/2007

This case involved the transfer of ownership of a car which had been agreed on the basis that the defendant kept the plates. There was a claim that the ownership transfer documents had been fabricated and specific procedures had to be followed when claiming this.

Background

A claimant filed a case against defendants before the civil court claiming that he had agreed with the defendants to give up a disputed car on the condition that he would maintain ownership of the car's plates. The claimant said that the defendant had refused then to give up the plates.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appeal and 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 erred in the application of law and had violated the right of defence because he had requested the court to adopt the proceedings for appeal because of the fabrication of the document of ownership transfer that the first defendant received.