ECC 9952/1999, 5191/1999

This case involved a request that the ministry of defence give up some disputed. It was rightly argued the court had no authority to hear the case as the concentration of troops were on the land for reasons of national security.

Background

The claimants filed a case against the Minister of Defence and other defendants before the court of first instance requesting the Minister give up disputed land. The claimants said that a previously ruling validated their ownership of the land.

The court ruled that the Minister should give up the disputed land.

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

Decision

The defendants appealed the ruling before the court of cassation. The court of cassation repealed the ruling and referred the case to the court of appeal. The court of appeal upheld the appealed ruling.

The Minister of the Defence appealed the ruling before the court of cassation through Appeal No. 9552/64. The other defendants made a petition for reconsideration of the ruling. The court dismissed the petition and upheld the appealed ruling.

The defendants appealed the ruling before the court of cassation through Appeal No. 5191/67.