ECC 947/1999
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
General Real Property Law, Regulatory Compliance, General Constitutional Law
Copyright
LexisNexis
Decision date
1 Jul 1999
Catchwords
Title Property – Fabricated document – Eviction – Constitutional law
This case involved the eviction of a defendant who it was said owned another flat in the same city contrary to the law. The key issue was this particular provision was unconstitutional.
Background
A claimant filed a case against a defendant before the court of first instance requesting the defendant to vacate a disputed flat. The claimant said that the defendant owned another flat in the same city in violation to Article 8(1) of Egypt Law No. 49/1977.
The claimant filed a case against the wife of the defendant before the court requesting the proof of the fabrication of a surrender document the wife had made to the husband.
The court dismissed the case.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the defendant should vacate the disputed flat.
Decision
The defendants appealed the ruling before the court of cassation.