KCC 364/2003

This case involved an order issued against one of the defendants in a dispute to issue property ownership documents to each claimant. A key issue was whether an irrelevant party was able to make a plea against an order.

Background

An order was issued against the eighth defendant ordering him to issue an ownership document for each claimant in a real estate dispute.

The eighth and seventh defendants made a plea before the court against the order.

The court rejected the two pleas.

The two defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had rejected the pleas based on the argument that the defendants were irrelevant parties in the case though the plea against the provisional order could be made by any party who received damage from the order.