BCC 372/2005

This case involved a claim that money had been paid to some people to purchase a property for the claimant but they had failed to do so. A key point was the amount involved was over 200 Dinars so it could not been proved merely by witness statements.

Background

A claimant filed a case against two defendants before the court requesting they pay 11400 Dinars and interest. The claimant said that he paid the amount to the defendants in order to buy a home for him in India but they failed to do so and refused to pay the money back.

The court ruled that the defendants should pay the claimant the amount.

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. The court of cassation repealed the ruling and referred the case to the court of appeal. The defendant amended their appeal to include the heirs of the claimant. The court of appeal ruled that the first defendant should pay the heirs 11400 Dinars and the case fees.