BCC 538/2008

This case involved a request that the department of property registration hand over deeds to a mortgaged property to a guarantor. A key issue was that this property was not registered.

Background

A guarantor and a claimant filed a case against a defendant and the department of property registration before the court requesting they hand over ownership deeds to a mortgaged property.

The court ruled that the defendant should give the guarantor the document.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

Decision

The guarantor and the claimant 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 that the case did not fall under the rules of Article 18 of the Law of Property Registration and they had abandoned the case against the department of property registration.