ECC 1390/69

This case involved a contract under which a property was to be built on some land in return for ownership of part of the land. The defendant had then added other plot and built a property across the three plots, after which it was ordered the contract should be dismissed and the building removed. The court had been wrong to ignore the defence that it was impossible to remove the building.

Background

The claimants filed a case against two defendants and requested the court dismiss a contract dated 09/11/1983 and order the defendants to surrender two pieces of land and pay compensation of 5001 Egyptian Pounds. The claimants stated they had agreed with the defendants to build a building on the disputed land in exchange for a third of it. The claimants stated the first defendant then took a neighbouring piece of land and added it to the other two pieces of land and built a building on the three plots.

The court ruled that the defendants should pay the claimants 5001 Egyptian Pounds as temporary compensation and rejected other requests.