Background

A claimant filed a case against two defendants before /the court requesting the prevention of the defendants from taking any act against his possession of some land. The claimant said that he had possessed the land for 16 years.

The court said that it had no mandate to consider the case and referred it to the court first instance.

The court dismissed the argument made by the first defendant that the case should be dismissed because it was previously settled.

The first 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 his grounds of appeal that the ruling had erred in the application of law and that the court had ruled that the claimant's possession of the land should be validated though his claim in this regard should be dismissed under Article 44 of the Advocacy Law.