BCC 25/2006

This case involved the sale and registration of the sale of a shop and a request for confirmation that the shop had been sold but this was separate from ownership of the branch. A key point was that the Ministry was responsible for registration of a property sale.

Background

A claimant filed a case against the Ministry of Commerce before the civil court claiming that she had sold a shop to the Ministry and maintained ownership of a branch. The claimant requested the separation of the shop's ownership from the branch and requested the Ministry pay 5000 Dinars in compensation.

The court dismissed the case.

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

Decision

The claimant appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had insufficient evidence of causation and had violated the law. It was said that the contract was a valid one and that the Ministry should have transfer the ownership of the shop accordingly but it had failed to do so.