Background

A claimant filed a case against a defendant and requested the court validate the endorsement of the defendant made on 14/06/1983 that the claimant owned a share in a disputed property.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and validated the endorsement.

Decision

The defendant 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 because the court had ruled that the endorsement should be validated although this endorsement was not a reason backing the ownership but only evidence of it.

The court stated this argument was valid because this endorsement was a customary document that by itself was not enough to validate ownership of the disputed land.

The court repealed the ruling.