ADCC 1205/2023

The initial dispute involved a failure to provide purchased stone. A key issue was whether a retrial could be requested on the grounds of theft as cheques used as payment had been changed to state cash rather than the beneficiary's name.

Background

A Respondent filed suit No. 2486 of 2021, requesting that the Appellant be ordered to pay 374,400 dirhams, delay interest of 12%, and 140,000 dirhams as compensation for the damages suffered. This was based on the claim that the Appellant offered to supply it with Palestinian brushstone, light colour and Palestinian dark stone, at the price of 120 dirhams per meter. The Respondent agreed to this and paid instalments totalling 543,600 dirhams. However, the Appellant only supplied 1,410 meters of stone, worth 169,200 dirhams. The Appellant still owed the Respondent 374,400 dirhams, which it refused to pay, so the Respondent filed the case.

Proceedings

Court of First Instance – Decision dated 31/10/2023.