ECC 2944/1999

This case involved the eviction of a woman who had inherited a tenancy agreement and then sublet it without approval. The court had been wrong to base its decision on a legal provision which had been declared unconstitutional.

Background

A landlord filed a case against the mother of three defendants before the court of first instance requesting she pay the rent for a rented shop and vacate it. The landlord said that the husband of the defendant used to rent the shop to use as a café and that the tenancy agreement was extended to her when he died. The landlord said that she rented the shop out to the last defendant without his approval.

The court ruled that the defendants should vacate the shop and that the tenancy agreement should be dismissed.

The last defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

The landlord appealed the ruling before the court of cassation.

Decision

The prosecution office said that Article 29(2) of Egypt Law No. 49/1977 should not be applied over the case. The prosecution office also said Article 29(3) of the law should be dismissed.