(MENAFN - Jordan Times) The Amman Court of First Instance's recent ruling on the unconstitutionality of the Landlords and Tenants Law is "accurate" and lies at the heart of its jurisdiction, a constitutional expert said Monday.
The court issued a verdict on Sunday, declining to enforce Article 5 of the Landlords and Tenants Law for its violation of the Constitution and established legal principles.
In its verdict, a copy of which was made available to The Jordan Times, the court ruled that Paragraph B of Article 5 of the legislation, which confines courts' decisions on contests concerning the "equivalent rent" provision to only one litigation stage, is "unconstitutional and contrary to legal standards".
The court's verdict, according to constitutional expert Mohammad Hammouri, is "accurate" and an integral part of its jurisdiction to ensure a full enforcement of the provisions of the Constitution.
The provision regarding "equivalent rent" is used in many countries, including the US. The term refers to the amount of rent that could be paid estimated in accordance with the rent of a similar property in a similar location.
The said paragraph of the law stipulates that verdicts issued by the Magistrates Court estimating equivalent rent cannot be challenged in the Courts of Appeals.
Citing Article 6 of the Constitution, which stipulates that "all Jordanians shall be equal before the law and that there shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion", the court ruled that all parties involved in a lawsuit should be given the right to challenge verdicts at a court of appeal.
However, the government has sent to the Parliament an amended version of the Landlords and Tenants Law to be deliberated during the current extraordinary session, under which the verdict issued on equivalent rent contests can be challenged at courts of appeal.
