Background

A lessor filed a case before the Court of First Instance against a lessee requesting him to vacate the property because he had failed to pay the rent.

The Court issued a ruling that requested the defendant to vacate the property.

The defendant filed an appeal and the court of appeal confirmed the Court of First Instance ruling.

Decision

The defendant filed an appeal in cassation on the grounds that the appealed ruling had violated the law because the court had ignored evidence provided which was a certificate from Abu Zaabal prison which stated that the defendant was in prison.

The Cassation Court responded that the argument was valid because before the complaint was filed , the defendant's lawyer had provide the court with evidence that his client was in jail, but this was ignored by the appealed ruling as it related to public order.

The Court repealed the appealed ruling.