ECC 1903/70

This case involved a request to evict a tenant was using a flat for illegal purposes. Although a previous ruling had been issued on this the tenant could not be evicted as a result of it because the ruling had been made in his absence.

Background

Two landlords filed a case against a tenant and requested the court to order the tenant to vacate the flat. The landlords stated the tenant had used the flat for illegal purposes and a previous ruling had been issued against him on this.

The court rejected the case.

The landlords appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the tenant should vacate the flat.

Decision

The tenant 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 and stated hat the court had established its ruling based on the argument that a previous ruling had been issued against him although the ruling was issued in his absence and so he had the right to object to it.