ADCC 98/2008

This case involved a request to end a tenancy agreement after it was claimed the tenant had failed to pay rent. It was confirmed the court had the authority to decide on this matter in line with the expert's report.

Background

A claimant filed a case against a defendant and requested the court to appoint an expert to estimate the amount the defendant should pay in exchange for transactions between the claimant and the defendant. The claimant stated if the defendant failed to pay, the court should dismiss the tenancy agreement.

The court rejected the case and stated the defendant had paid the rent until 14/06/2003.

The claimant appealed the ruling before the court of appeal. The court upheld the ruling after appointing an expert to evaluate the case.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal the ruling had erred in the application of law, had insufficient evidence of causation and had violated the right of defence because the court of appeal upheld the ruling.