ECC 185/1999

This case involved the eviction of a tenant who had agreed to vacate a flat in an endorsement document. It was wrongly ordered that an unconstitutional law was being used to support this eviction. This was irrelevant as the eviction was based on the endorsement document.

Background

A landlord filed a case against a tenant before the first instance court requesting the tenant vacate a disputed flat and the dismissal of the tenancy agreement. The landlord said that the tenant had reserved the flat although he previously gave it up according to an endorsement document dated on 15/10/1989.

The court ruled that the tenancy agreement should be dismissed and that the tenant should vacate the flat.

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

Decision

The tenant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had contradiction of material documentary evidence because the court had established its ruling based on Article 8(1) of Egypt Law No. 49/1977 though this law was unconstitutional.