ECC 1383/67

This case involved a request for guardianship on a property to be cancelled because a land sales contract had been concluded when the guardian was not allowed to sell the property. It was correctly argued the second contract had not replaced the first contract as the property owner had signed because of fear.

Background

Two Property owners filed a case against a newspaper and other citizens requesting the court to cancel a guardianship imposed on their property and provide compensation of 100000 Egyptian Pounds as well as the cost of the property because the land sales contract concluded between the defendants was invalid as the guardian was not allowed to sell the property.

The court rejected the case. The defendants filed an appeal, but it was refused.

Decision

The plaintiffs filed an appeal before the cassation court on the ground that the appealed ruling had erred in the application of the law and contradicted the documented evidence because the new sales contract did not cancel the former one as the plaintiff was obliged to sign it as they were afraid custody would be imposed on their property if they refused to sign.