Background

A claimant filed a case against a defendant before the court of first instance requesting the defendant to vacate the disputed flat. The claimant said that the defendant had illegally seized the flat.

The court ruled that the defendant should vacate the flat.

The 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 her grounds of appeal that the ruling had insufficient evidence of causation and the court ignored her defence that the claimant gave the flat to his wife and that the tenancy agreement was extended to her as an original tenant.

The court said that this argument was invalid because the appeal against the initial court should not be accepted as the court of cassation only considers an appeal against a ruling issued by the court of appeal.

The court dismissed the appeal.