Background

A landlord filed a case against two tenants requesting that the court dismiss a tenancy agreement and order the tenants to vacate a flat. The landlord stated that the first tenant had leased the mentioned flat to the second tenant without his approval.

The court ruled that the tenancy agreement be dismissed and the tenants vacate the flat.

The first tenant appealed and the appeal court abandoned the appealed ruling and rejected the case.

The landlord appealed by cassation.

Decision

The court of cassation considered the issues that relate to the general system and stated that the constitutional court issued a ruling regarding Article 40 of Egypt Law No. 49/1977 and the appealed ruling had been issued after the issuance of this constitutional court ruling.

The court therefore repealed the ruling and referred the case to the relevant court for reconsideration.