ECC 3861/2001
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
General Real Property Law, Remedies, Litigation Procedure & Practice, Types of Contract
Copyright
LexisNexis
Decision date
15 May 2001
Catchwords
Litigation Procedure – Notifications – Property – Sales Contract – Remedies
This case involved a request that a property sales contract be cancelled as remaining payments had not been made. Litigation procedures had not been followed correctly as the purchaser had not been informed of the statement of claim.
Background
A company filed a case before the Court of First Instance against a customer requesting the cancellation of an apartment sales contract because he had refused to pay the remaining cost with interest and a delay penalty. The Court of First Instance accepted the requests .The defendant appealed the Court of First Instance ruling which was confirmed by the Appeal Court.
Decision
The defendant filed the case in cassation on the grounds the contested judgment had erred in the application of the law and lacked substantiation because his declaration before the Appeal Court that he had not been summoned to attend the Court of First Instance session in accordance with Article 11 of the Procedural Code had been ignored by the Court.