BCC 485/2005

This case involved whether compensation was due for goods which had been moved by a storage company and had been damaged. The key issue was whether the court was able to ignore the expert report when it had other evidence from the Ministry of Health that stated the damage was caused by the production not storage of the goods.

Background

A company filed a case against a storage centre before the court requesting the centre pay 31000 Dinars and interest. The company stated that it agreed with the centre to store goods in order to export them later. The company said that the centre moved the goods to another store and damaged them.

The storing centre filed a case against a company before the court requesting the company to pay 22750 Dinars and interest for storage rent.

The court dismissed the two cases.

The company and the storage centre appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the centre should pay the company 14739.2 Dinars. The court ruled that the company should pay the centre 9806.688 Dinars.

Decision