ECC 6516/1999

This case involved a request by a tenant for their right to a property to be confirmed and action against them be prevented. An urgent ruling approach had been used even though the law providing for it had been declared unconstitutional.

Background

A claimant filed a case against a defendant before the court of first instance requesting validation of his right to a disputed flat and the prevention of the defendant from taking any action against him.

The defendant argued that the case should be dismissed because it was previously settled.

The court said that it had no mandate to consider the case and referred it to the enforcement judge. The judge ruled that the claimant had a right to the flat.

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

Decision