ECC 4889/2000

This case involved a request for a dismissal of a decision by the Minister of Housing and a cease on action being taken on the property. The Ministerial Decision did not impact ownership of the housing and should not be heard by this court as it was covered by administrative law.

Background

Some claimants filed a case against defendants before the court requesting the defendant not to take any action on a disputed property. The claimants also requested the dismissal of the Decision of the Minister of Housing issued on 01/03/1959.

The court ruled that the defendant should not take any action on the property and that the decision of the Minister of Housing should be dismissed.

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

Decision

The defendants appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application of law and that they maintained before the court that the normal court had no mandate to consider the case because the decision issued by the Minister of Housing was an administrative decision.