Background

A landlord filed a case before Suez Court of First Instance against the tenant of his property and requested the vacation of the rented property as termination of a rental agreement for non-payment of the rent from March to April 1999.

The Court of First Instance issued a ruling in favour of the plaintiff, but the defendant appealed the ruling and the Appeal Court issued a ruling confirming it.

Decision

The defendant filed an appeal in cassation on the grounds that the appealed ruling had violated his right to present a defense and he added that he had rented the property from the former owner which extended an old rental agreement with the new owner.

The cassation court stated the defendant's argument was well founded according to the documented evidence which proved the prolongation of the rental agreement with the new owner.

The Cassation Court repealed the appealed ruling.