Background

A landlord filed a case against a tenant and requested the court to dismiss a tenancy agreement dated on 10/04/1994 and order the tenant to vacate the property. The landlord said that the tenant had failed to pay the rent when it fell due.

The court ruled that the tenant should vacate the property.

The tenant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The tenant 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 the landlord had endorsed through a written document that the tenant would pay the rent for two years in advance and the amount that he paid over the rent should be considered a debt but the court had ignored this defence.