The Federal Supreme Court overturned an appeal judgment, which ruled that there was no jurisdiction in the consideration of a case brought by a government agency against a tenant who had not paid the rent of a commercial unit for three years, and decided to refer the case to the Court of Appeal for further consideration, and confirmed that the state constitution entrusted the federal judiciary to exclusive jurisdiction in the consideration of all civil and commercial disputes And administrative between the union and individuals, whether the union is invited or defendant.
In the details, a government agency filed a lawsuit against a tenant, demanding that he be required to pay the late rental value, and compel him to vacate the leased property.
She said that «the defendant rented a commercial store, with an annual rent of 50 thousand dirhams, and the contract ended and the tenant continued to occupy the eye without renewing the contract or paying the rental value for the years 2015, 2016 and 2017.
The court of first instance ruled that the defendant was required to clear the eye of concerns, while obliging him to pay the amount of 50 thousand dirhams the value of the annual rent from January 2015 until the date of the actual eviction, and obliging him to bring a clearance certificate for the consumption of water and electricity, and to bear the expenses of the case, then the Court of Appeal ruled not to The jurisdiction of the court is qualitative in considering the case, as it is an exclusive competence of the Tenancy Dispute Resolution Committee pursuant to a local law of the Tenancy Dispute Resolution Committee.
The plaintiff was not satisfied with this ruling, and she contested this ruling by way of veto, explaining that “the ruling erred in applying the law in terms of its jurisdiction in the absence of the jurisdiction of the federal judiciary to consider the case in violation of the jurisprudence and the requirements required by Articles 25 and 26 of the Federal Civil Procedures Law to assign the exclusive jurisdiction of the federal courts in view All civil, commercial and administrative disputes to which the state is a party in the light of the provisions of Article 102 of the Constitution.
For its part, the Supreme Federal Court upheld the plaintiff’s appeal, explaining that the Article 102 of the Constitution has entrusted the federal judiciary with exclusive jurisdiction in consideration of all civil, commercial and administrative disputes between the union and individuals, whether the union is a plaintiff or a defendant, which is what has been done to eliminate these The court is an exception to some of the updated provisions of local or federal laws for committees on resolving rental disputes.
She pointed out that the plaintiff is a federal authority attached to the ministry and the board of directors is chaired by the minister, and then the cases filed with it are attributed to the exclusive jurisdiction of the federal judiciary, and if the contested judgment violated this opinion and work the provisions of the updated local law for the committees to settle the rental disputes to decide the competence of these committees with a rental claim Both parties are a federal government body, and it is tainted with the application of the law, and the ruling must be overturned with referral.