ECC 2300/64

This was an eviction case as a result of unpaid rent. One of the parties had asked for the court to reconsider the case so he could have the opportunity to provide the court evidence. Only the court and not the parties had the right to request a case be reconsidered.

Background

A landlord filed a case against a tenant and requested the court to order the tenant to vacate a disputed flat. The landlord stated the tenant had rented the flat from his father according to a tenancy agreement dated 03/12/1985 but he had refused to pay the rent.

The court ruled that the tenant should vacate the flat.

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 law had violated the right of defence because he had requested the court to reconsider the case and give him the opportunity to provide documents which would change the ruling outcome but the court had rejected his request.