ECC 1624/69

This case involved a dispute over whether a property should be demolished. It was argued that one of the members of the committee making the decision had a criminal ruling against him and did not have the required qualifications. This was irrelevant as this defence had not been raised at the lower court.

Background

The two claimants filed two cases against defendants and requested the court to dismiss a decision which was issued to demolish a disputed real estate.

The court rejected the two cases.

The claimants appealed the ruling before the court of appeal. The court upheld the decision.

Decision

The claimants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law. It was stated one of the members of demolition committee did not hold an engineering degree and a criminal ruling had been previously issued against him.

The court said that this argument was invalid because it was illegal to maintain a defence that was not previously introduced to the elementary court and the court of appeal.

The court dismissed the appeal.