ECC 1691/1999

This case involved a request by a property owner who had allowed his father to use a flat. The father had died and he wished to evict his wife. The property sale had not been registered so the claimant could not prove their ownership of it.

Background

A claimant filed a case against a defendant before the court requesting the defendant vacate a disputed flat. The claimant said that the defendant was his father's wife and she used to stay with him at the flat. The claimant said that he bought the flat and then his father benefitted from the flat until his death.

The court ruled that the defendant should vacate the flat.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendant appealed the ruling before the court of cassation and said in her grounds of appeal that the ruling had erred in the application of law and that the court had established its ruling based on the argument that the right to use had finished although the sale of the flat was not registered.