BCC 509/2009

This case involved the share in an inheritance involving a piece of land. A sharia court had ruled two of the parties should have shares in the land but it was stated this contradicted earlier civil decisions on this matter.

Background

The heirs of a deceased person filed a case requesting the court to issue a ruling confirming their ownership of the land and to nullify the property ownership of two other heirs and to order the second defendant to register the property under the name of the legal heirs whose request had been accepted by a final ruling in the case 450/1992 .It was proved that the two defendants had illegally acquired their share of the inherited property.

The Court rejected the case. The plaintiffs filed an appeal and the Court of Appeal confirmed the Court of First Instance ruling.

Decision

They filed an appeal in cassation and the court repealed the appealed ruling and referred the case for retrial, but the court confirmed the appealed ruling.