Background

A legal reservation was imposed on a defendant's share in some disputed property and the file was referred to the court.

The court appointed an expert in order to estimate the value of the real estate and then ruled that the claimant could buy the defendant's share for 36462.750 Dinars.

The defendant appealed the ruling before the court of appeal. The court stated the defendant had no right to appeal that the ruling.

The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and stated that Article 273 of the Pleadings Law stipulated that the procedures for auction should not be considered legal unless the sale of the real estate was announced with the knowledge of the representative of the department of implementation.

The court stated this argument was invalid because the sale judge had followed the procedures stipulated by Article 273 of the Pleadings Law.

The court dismissed the appeal.