BCC 479/2005

This case involved a claim for unpaid services. The court had been wrong to reject the claim because the witness statements were contradictory when the all stated the main points.

Background

A claimant filed a case against a defendant before the court requesting the defendant to pay 1910.750 Dinars and interest. The claimant said that they finished printing work for the defendant but they failed to pay for it.

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

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

Decision

The claimant appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and had a contradiction of material documentary evidence. It was said that the court established its ruling based on the argument that the testimonies of its witnesses were contradictory although the witnesses confirmed that they finished the printing work for the defendant and provided a statement for the value of works.