ECC 2865/2001
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
General Real Property Law, Types of Contract, Civil Evidence
Copyright
LexisNexis
Decision date
14 Mar 2001
Catchwords
Real Estate – Sales Contract – Change of Use – Evidence
This case involved use of the ground floor of a property as a parking lot. The parking lot had not been included in the sales contracts. The defendant had not originally intended to exploit the ground floor as a parking lot so the plaintiffs were eligible to file a claim even if this was not stated in their sales contracts.
Background
The owners of some flats filed a case before South Cairo Court of First Instance against a real estate owner requesting the cancellation of any decision by the defendant to exploit a parking lot situated on the ground floor for commercial purposes. The Court of First Instance rejected the case, and the plaintiffs appealed before the Court of Appeal who repealed the appealed ruling and accepted their request.
Decision
The defendant filed an appeal by cassation on the ground that the appealed ruling's reasoning was flawed, violated the law and erred in its application because there was no right to use this parking lot as this was not stated in their sales contract.