BCC 241/2006

This case involved a request for payment of an investment in a restaurant when the defendant had refused to let the investment partners see the business accounts, and a preventative detention had been requested. The initial judgment was repealed as the agreement between the parties was illegal as it involved selling or renting a commercial lease to a non-national.

Background

A claimant filed a case against a defendant before the court requesting the defendant to pay him 6147 Dinars and interest. The claimant said that he agreed with the defendant to invest in a restaurant and paid him the amount accordingly. The claimant said that the defendant had failed to commit to his obligations and refused to let the claimant and another partner to see the restaurant accounts. The claimant said that he previously filed a case against the defendant in order to impose a preventive detention of the restaurant's movables.

The court ruled that the defendant should pay the claimant the amount and the interest.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

The claimant appealed the ruling before the court of cassation.

Decision