ECC 6201/1999

This case involved land which it was said had been purchased along with properties on it. It was requested that the tenant should be made to provide a tenancy agreement. The case file included no evidence that these agreement did not exist and the court did not dismiss these agreements.

Background

A claimant filed a case against a defendant before the partial court requesting the prevention of the defendant from taking any act against his possession of a disputed home.

The defendant filed a case including the claimant before the same court requesting the validation of a rental relationship. The defendant said that he bought land including the houses built on it but there was a refusal to release tenancy agreements for the houses.

The court said that it had no mandate to consider the case and referred it to the court of first instance. The court dismissed the first case and ruled the rental relationship between the two parties should be validated.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision