Background

A claimant filed a case against a defendant before the court of first instance requesting the defendant to vacate some disputed land. The claimant said that they had received a ruling validating their right to the land under a pre-emption right but the defendant had illegally seized the land.

The court ruled that the defendant should vacate the land.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and that the defendant was no longer a tenant because they had already bought the land and the defendant should vacate the land.

The court said that this argument was invalid because the tenancy agreement should be deemed valid under Article 370 of the Civil Law.

The court dismissed the appeal.