KCC 506/2005

This case involved a request by the heirs of a landlord that a tenancy agreement be dismissed and the tenant be evicted. The ruling had been made by the rental court and as such it could not be appealed at the Court of Cassation.

Background

The heirs of a landlord filed a case against a tenant and requested the court dismiss a tenancy agreement signed with their father and that the tenant should vacate the property.

The relevant court rejected the case.

The heirs appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The heirs appealed the ruling before the court of cassation.

Decision

The court of cassation stated that if a ruling was issued by the rental court, it is not possible to appeal against the ruling before the court of cassation.

The court stated the heirs had no right to appeal the ruling.