ECC 1400/70

This case involved a request for the demolition of some buildings and eviction from land which had been covered by a compulsory purchase decision. This was rejected as no ownership transfer of title had taken place within the necessary time limits.

Background

Two claimants filed a case against a defendant and requested the court to order the defendant to demolish buildings he had built on disputed land and vacate it.

The court rejected the case.

The claimants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendant should demolish the buildings and vacate the land.

Decision

The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that the dispute land was allocated for public interest according Egypt Decision No. 15/1992 although the consequences of the decision had ended as three years had passed without any procedures being taken on the ownership of this land.