ECC 8806/2000

This case involved a man who had rented a pharmacy and when he died his father had taken the license but the father had then died. It was stated the defendants had invalidly sold on the pharmacy. Although the sales contract was invalid this did not also invalidate the tenancy agreement or mean the business should be closed.

Background

The claimants filed a case against defendants before the court of first instance requesting the defendants vacate a disputed pharmacy. The claimants said that the brother of the defendants rented the pharmacy and his father got the licence after his death but with the death of father the licence was terminated. The claimants said that the defendants sold the pharmacy to a third party in violation of the relevant law.

The court ruled that the sales contract dated on 30/05/1990 should be dismissed and the last defendant should vacate the pharmacy.

The claimants and the defendants appealed the ruling before the court of appeal. The court dismissed the appeal made by the defendants and ruled that the defendants should vacate the pharmacy.

Decision