ECC 10141/1999

This case involved proceedings taken by a bank to force the sale of a mortgaged property. The correct proceedings for forcible implementation did not exist as the case file revealed the defendant did not receive the loan amount.

Background

A bank started the implementation of real estate proceedings on property owned by the defendant under a mortgage contract dated 22/11/1982. The defendant objected to the sale conditions imposed by the bank and said that he did not receive the conditions list and did not owe any amount of money to the bank.

The court accepted the objection in form but dismissed it on merits.

The defendant appealed the ruling before the court of appeal. The court ruled that the defendant should pay the bank 250000 Egyptian Pounds.

Decision

The defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and that the court concluded that he owed 250000 Egyptian Pounds to the bank and ignored his defence that he did not receive the value of the loan.