RAMADAN MOHAMED EL HASSAN v. ALl MOHAMED EL TOM
(COURT OF APPEAL)
RAMADAN MOHAMED EL HASSAN v. ALl MOHAMED EL TOM
AC-REV-562-1968
Principles
Landlord and Tenant—Eviction—Offer of arrears after allowance of action—Effect of
An offer of an-ears of rent made before the case was allowed, would be enough to save the neck of the tenant from the sword of eviction. But if the offer was made after the case was allowed, then it would be valueless.
Advocate: Yahia Mohamed Ibrahim……………….for applicant
Judgment
Mohamed Yousif Mudawi J. November 21,1968:—This application is based on the following points of law:
That defendant offered to pay arrears to plaintiff after the action was allowed. That this behaviour on the part of plaintiff should have stopped the proceedings at that point.
The law concerning offer of arrears of rent was settled by the Court of Appeal long ago. It is this: that an offer of arrears made before the case was allowed would be enough to save the neck of the tenant from the sword of eviction. An offer made after the case was allowed would be valueless. It seems that in this case the offer was made well after proceedings were started. It is therefore of no effect.
Application is dismissed summarily.
El Rayah El Amin C.J. November 26, 1968:—I agree.
Abdel Magid Hassan J. November 27, 1968 :—I agree.