Background

A claimant filed a case against three defendants and requested the court to order them to give up a disputed flat. The claimant stated he had bought the flat from a company and legal guardianship was imposed on the company and the third defendant was appointed a guardian. The claimant stated that the first defendant had illegally seized the flat.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendants should give up the flat.

Decision

The first defendant appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had erred in the application of law because the court of appeal had abandoned the appealed ruling and considered the case although the elementary court had not considered it.