Cassation File No. 229719

Cassation File No. 229719

229719

• Date: Megabit 28, 2015 E.C..
• Judges: Etmet Assefa, Dejene Ayansa, Birknesh Esubalew, Habtamu Erk-yihun, and Birhanu Mengistu.
• Applicant: W/ro Alem Lake G/Medhin.
• Respondent: W/ro Aminat Fedlu Muhammad.
• Summary of the Case: The Applicant sought the return of her parents’ house in Hayq town, which they left when they were deported to Eritrea during the Ethio-Eritrea war. The Respondent claimed she purchased the house from a person who bought it at a government-organized auction. The Applicant alleged the auction was fraudulent and illegal.
• Legal Rule (Interpretation of Law): Properties of deported Eritreans without legal representatives were subject to government-mandated disposal via public auction, with proceeds deposited in blocked bank accounts for the owners. A purchaser who acquires title through such a legal administrative process, and subsequently transfers it to a third party, creates a valid title.
• Reasoning: The lower court verified that the auction followed the applicable national directives of the time and the proceeds were deposited in the Applicant’s father’s name. No proof of fraud was established to invalidate the subsequent sale to the Respondent.
• Ruling: The regional court’s decision dismissing the Applicant’s claim was affirmed.