ECC 2012/1999

This case involved if a claim should have been dismissed as the required guarantee amount had not been paid.

Background

A claimant filed a case against the civil department of the court requesting the dismissal of a ruling issued by the department in the appeal No. 742/66. The claimant said that the department made a mistake and the office of public prosecution said that the case filed by the claimant was invalid.

The claimant said in his appeal that Article 495 of the Advocacy Law stipulated that the claim should be made by a memorandum introduced to the court and that the claimant should pay 500 Egyptian Pounds as a guarantee. The court said that the claimant paid 200 Egyptian Pounds only and thus his claim should be deemed invalid, however, the court should not confiscate the guarantee.

The court said that the court had order the claimant to pay a fine no less than 200 Egyptian Pounds. The court said that the court should have either accepted or rejected the claim and that the fine should be imposed after the acceptance of the claim.

The court repealed the ruling.