ECC 728/1999
Background
The claimants filed a case against the Governor of Alexandria and other defendants before the court of first instance requesting the defendants pay land tax they had previously paid. The claimants said that the Supreme Constitutional Court ruled that the law on which the tax was imposed was unconstitutional.
The court ruled that the governor should pay the claimants an amount of money.
The governor appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The governor of appealed the ruling before the court of cassation. The lawyer of the governor then decided to abandon the litigation.
The court of cassation said that if the abandonment of the litigation did not take place within the legal deadline, this meant that the appellant had given up his right to appeal the ruling. The court said that the lawyer had failed to abandon the litigation within the legal deadline and his request should be met.
The court approved the abandonment of the litigation.