ECC 3127/2001

This case involved compensation after a property had been sold by a dead man despite the fact he did not own it. The key question was whether with the death of the seller the misdemeanour was nullified and the impact of that on this case.

Background

A purchaser filed a case before the Court of First Instance against the heirs of a property owner (the testator) and requested the invalidity of a sales contract be confirmed, a sum of 70,000 Egyptian Pounds paid for an apartment they had purchased from the testator and compensation of 300,000 Egyptian Pounds for moral and intellectual damage she had suffered after the deceased had sold her an apartment which didn't belong to him.

The Court of First Instance ruled the heirs should pay requested temporary compensation of 101 Egyptian Pounds as evaluated and requested by a prior ruling against the testator. Both the plaintiff and the defendants filed an appeal but the Appeal Court rejected the heirs' claim and forced them to pay 70,000 Egyptian Pounds and 35,000 Egyptian Pounds compensation.

Decision