ECC 738/1999
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Bankruptcy, Agents & Brokers
Copyright
LexisNexis
Decision date
16 Mar 1999
Catchwords
Bankruptcy Estate – Exclusion of Property – Plea – Agent – Creditor
The initial dispute involved a claim against two creditors' agents to exclude a flat from a bankruptcy estate. The claim for right to the property was separate to the plea against the creditors' agents.
Background
A claimant filed a case against two agents of some creditors before the court of first instance requesting the exclusion of flat No. 5 from a bankrupt estate. The claimant said that he was renting the flat.
The court dismissed the case.
The claimant appealed the ruling before the court of appeal. The court dismissed the appeal.
Decision
The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and that the court considered the case as a plea against the decision made by the agent of creditor and applied Article 395 of the Trade Law over the case though his case was an independent one to claim his to a right in the disputed flat.