ECC 1007/2000

This case involved the validity of an exchange contract for two properties. The court had wrongly ignored documents and not appointed an expert.

Background

A claimant filed a case against the mother of three defendants and other two defendants before the court of first instance requesting the dismissal of an exchange contract for two housing units. The claimant requested the defendant to give up the flat they owned and pay him 10000 Egyptian Pounds.

The court dismissed the case.

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

Decision

The claimant appealed the ruling before the court of cassation three times. The court of cassation repealed the ruling and referred the case to the court of appeal. The court of appeal dismissed the appealed ruling and ruled the exchange contract should be dismissed.

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had contradictions of material documentary evidence and that he had provided the court with all documents that could change the ruling but the court had ignored these documents.