ECC 4271/70
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Financial Institutions, Payment & Payment Systems, Children, Guardianship, Jurisdiction & Choice of Law, General Real Property Law
Copyright
LexisNexis
Decision date
12 Dec 2001
Catchwords
Bank – Cheque – Child – Guardianship – Land – Court – Provisional Ruling – Jurisdiction
This case involved a cheque for the sale of a piece of land which the bank had refused to cash. The money was due to an underage person under guardianship. It was wrongly argued the court had no jurisdiction to hear the case as there had been a previous ruling. However, this was a provisional ruling.
Background
A claimant filed a case against a bank and requested the court to order them to pay the value of a cheque of 123645 Egyptian Pounds. The claimant stated he had sold a piece of land and that the purchaser had deposited a cheque with the bank for it but the bank had refused to cash the cheque without justification.
A defendant intervened in the case and requested the court reject the case and order the bank to pay the value of cheque to an underage individual under her guardianship.
The court stated it had no mandate to consider the case and referred the case to the relevant court.
The court rejected the defendant's intervention and ruled the bank should pay the value of the cheque to the claimant.