ECC 1384/67
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
General Administrative Law & Judicial Review, Civil Courts, Appeals, Litigation Procedure & Practice, Guardianship, General Constitutional Law, General Real Property Law, General Succession Law & Estate Planning
Copyright
LexisNexis
Decision date
18 Feb 1999
Catchwords
Administrative Law – Court – Appeal – Litigation Proceedings – Guardianship – Constitution – Property - Inheritance
This case involved a request for the cancellation of a guardianship on property which was the subject of an inheritance because the order violated the Constitution and a Presidential Decision. The Government filed a successful appeal that the case be rejected because the plaintiffs had not attended the court session. It was argued this was incorrect as the case had been referred to the Court of Values and the Administrative Court, where they would not be considered plaintiffs. However, as dismissal would return the case to the court of first instance an appeal was not possible.
Background
Two property owners filed a case before the Administrative Court requesting the cancellation of the imposition of guardianship on funds and properties they had inherited because this violated a Presidential decision and the Constitution.
The court ruled in favour of the plaintiff's requests.The government filed an appeal before the Court of Appeal who repealed the Court of First Instance ruling and rejected the case because the plaintiffs had not attended the court session.
Decision