Background

A claimant requested a judge order the defendants to pay 35000 Dinars and interest. The judge refused to issue an order and referred the case to the court. The claimant said before the court that she was a partner with the defendants in a company and the defendants paid her part of the profits which she deserves.

The court ruled that the defendants should pay the claimant 35000 Dinars and 5% interest.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application of law because the period of limitation stipulated by Articles 438 and 487 of the Law of Commerce had ended before the claimant filed her case.