ECC 1312/67

This case involved a case taken after the property guardian had sold a property and a decision had been taken to hand the property back, cancel the sale and compensate the purchasers. The court of first instance ruled that the property should be returned after one of the purchaser had failed to take steps to allow this to happen. A key issue was that the two owners had been adults not children at the time the guardianship was ruled on and should not have been subject to this decision.

Background

Some property owners filed a case before the Court of First Instance against purchasers requesting the first and second purchaser hand over the property they purchased from the property guardian, which had issued a decision to cancel the sale contracts and compensate the cost of the properties to the purchasers although the first purchaser had not responded on the price which had been proposed to him.

The court ruled in favour of the delivery of the property.The first defendant filed an appeal before the Court of Appeal who repealed the Court of First Instance ruling and rejected the case.

Decision