KCC 1047/2011
This case involved the surrender of a shop and license. The defence the second litigant had not made the request was irrelevant.
Background
The documents of the case revealed that the court dismissed an administrative decision by which the relevant authority had refused the second litigant's surrender of a shop to the first litigant.
Decision
The court said that the court established its ruling on the grounds of the request made by the second litigant to the department of commercial licences to cede the shop under consideration and its licences to the first litigant. The court said that the relevant authorities had approved the surrender but the local council refused to do so without legal justification. The court said that the court established its ruling on the grounds of solid evidence and that the appellant's defence that the second litigant did not make the request was irrelevant in this regard.
The court dismissed the appeal.