KCC 276/2001

This case involved property boundaries which had been encroached by the building of another person. A key point included whether the court had jurisdiction to consider this case and if it was possible to appeal.

Background

A claimant filed a case against the father of defendants before the court. He requested the court appoint an expert in order to determine the borders of his chalet. He said that he had received a licence for building a chalet and that the defendants' father overstepped these borders. He said that the relevant authority requested the defendants' father to demolish the overstepped buildings but he refused to do so.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the consideration of the case did not fall under the court's jurisdiction.

Decision

The claimant appealed the ruling before the court of cassation.