Background

A claimant filed a case against two defendants before the civil court requesting the validation of the sales contract for a property owned by the first defendant and for the second defendant to give him the ownership deed for the property. The claimant said that the first defendant sold him a house and that he paid him the value of the house in advance but the seller refused to complete the sales proceedings.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the sales contract should be validated.

Decision

The first defendant 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 insufficient evidence of causation because the claimant had issued a cheque for the value of a down payment and that he did not cash the cheque which meant that he could cancel the sale of the property.