Background

Some claimants filed a case against two defendants before the court of first instance requesting the defendants to vacate a disputed flat. The claimants said that the first defendant had rented the flat and then sublet to the second defendant.

The court ruled that the defendants should vacate the disputed flat.

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

Decision

The first defendant appealed the ruling before the court of cassation.

The court of cassation considered the issues that related to general order. The court said that the Supreme Constitutional Court had ruled that the first clause of Article 8(1) of Egypt Law No. 49/1977 was unconstitutional. The court said that the court had established its ruling based on a law which was unconstitutional.

The court repealed the ruling.