Background

A claimant filed a case against a defendant before the first instance court requesting the retention of a building built on the land they owned.

The court ruled that the claimant had the right to retain this building.

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

Decision

The defendant appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application and the court had estimated the value of the building using the rules stipulated by Article 37 of the Advocacy Law though this estimate should have been made using the real value of the building. The defendant also the expert had estimated the value of the building based on the argument the building had five floors when it had nine floors.