BCC 276/2005

This case involved a property which had been sold but the purchaser had failed to register the contract. A request that appliances in the shop be valued was dismissed as it was not made until the court of cassation.

Background

A seller filed a case against a purchaser before the court requesting the purchaser pay him 5041 Dinars and interest. The seller said that the buyer bought a shop from him but he failed to register the contract.

The court ruled that the purchaser should pay the seller 3500 Dinars and interest.

The purchaser appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

The purchaser appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was stated the contract was not registered with the notary and thus it should not result in any repercussions for the two parties. The buyer said also that he requested the court to appoint an expert in order to estimate the value of appliances in the shop but the court dismissed his request.