Background

A claimant filed a case against two defendants requesting that the court validate her right to proceed for the issuance of two passports for her sons. The claimant stated that the first defendant (her previous husband) had refused to give up the passports after their divorce.

The court ruled that the claimant had the right to new passports for her sons.

The first defendant appealed and the appeal court ruled that the claimant had the right to proceed to obtain new passports on the expiry of the current passports and ordered the first defendant not to interfere with this process.

The first defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as the court had issued its ruling despite the date of renewal not having yet arrived and the defendant had not abused any right regards the passports.

The court held that this argument was valid as the case documents revealed that the renewal date of the passports had not yet arrived.

The court therefore repealed the ruling.