ECC 321/2000
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Litigation Procedure & Practice, General Personal Injury, Road Transport, General Military & War, Limitation of Actions, General Succession Law & Estate Planning, General Criminal Law & Disposition of Offenders
Copyright
LexisNexis
Decision date
23 Mar 2000
Catchwords
Litigation Procedure – Personal Injury – Road Traffic Accident – Military Court – Criminal Hearing – Statute of Limitations - Inheritance
This case involved a claim for compensation by the heirs of a man killed in a road traffic accident where a soldier was responsible. The key issue in this case was the correct method for calculating the statute of limitations.
Background
Two claimants filed a case against a defendant before the first instance court requesting the defendant to pay 50000 Egyptian Pounds as compensation for damage. The claimants said that their father had died in a car accident and the driver was a soldier who was affiliated to the defendant.
The court ruled that the defendant should pay the claimant 10000 Egyptian Pounds.
The defendant appealed the ruling before the court of appeal requesting the dismissal of the case due to the statute of limitations in Article 172 of the Civil Law. The court dismissed the case.
Decision