BCC 365/2016
This case involved the purchase of a share in property for a waqf which had not been completed. A key issue was a ruling on an investigation when the heirs who had sold the property had not objected to the investigation.
Background
A claimant filed a case with the high civil court against the defendants requesting the confirmation of the validity and enforceability of a share sale contract and requesting the last defendant record this in the official registry and issue a real estate deed in his name.
He bought a share in a property to give to a Waqf to use as an orphanage but the heirs refused to complete the sale.
The court dismiss the case.
The claimant appealed the ruling before the Court of Appeal, which upheld the ruling.
The claimant appealed the ruling before the court of cassation because of the error in the application of the law, and the fact there was a violation of the right of defence.