ECC 360/1999

This case involved a request by a claimant for her validation of her ownership of some disputed land. Another case had been filed about the validation of a contract exchange in 1971. This defence was wrongly ignored by the court. As the defendants' father had continually argued his claim based on a contract of reconciliation, this defence should not be treated as having been brought before the Court of Cassation for the first time.

Background

A claimant filed a case against defendants before the first instance court requesting the validation of their ownership of some disputed land. The claimant said that the defendants had illegally seized the land.

A case was filed a case against the father of the first three defendants before the court requesting the validation of a contract exchange dated on 19/02/1971.

The court ruled that the second case should be dismissed and validated the claimant's ownership of a specific area of the disputed land.

The claimant in the second case and the fourth and fifth defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.