Background

Two claimants filed a case against a defendant before the first instance court requesting the defendant vacate some disputed properties. The claimants said that the defendant had illegally seized the properties.

The court dismissed the case.

The claimants appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the defendant should vacate the properties.

The defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling was invalid because the court had dismissed the appealed ruling and considered the case although the first instance court had dismissed the case based on the argument that the legal representative of the second claimant had no procedural character. The defendant said that the court should have referred the case again to the first instance court.

Decision