ECC 21/71
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Rent & Service Charges, Leases & Tenancy Agreements, Regulatory Compliance, General Landlord & Tenant
Copyright
LexisNexis
Decision date
24 Dec 2001
Catchwords
Rent – Landlord – Tenant – Tenancy Agreement – Eviction
The original dispute involved a request for eviction because of unpaid rent. The court had been wrong to ignore the tenant's defence that the decision should not be based on the rent it was because of when they had been built.
Background
A landlord filed a case against a tenant and requested the court to order him to vacate two shops mentioned in the case document. The landlord stated the tenant had failed to pay the rent.
The court ruled that the tenant should vacate the shops.
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 stated in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation because he had maintained before the court that the shops were built in 1964 and the rent included in the two contracts was not the legal one but the court had ignored this defence.