BCC 505/2005

This case involved the eviction of a tenant for non-payment of rent. The court had been wrong to ignore evidence that as a result of a fire the tenant had been unable to use the property.

Background

A landlord filed a case against a tenant before the court requesting the tenant pay him 3800 Dinars and interest and vacate a rented property. The landlord said that the tenant had failed to pay the rent on time though he received a warning on this.

The court ruled that the tenant should pay the landlord 3800 Dinars and interest and he should vacate the rented property.

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

Decision

The tenant 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 said that he was informed of the case document in person. The tenant also said that he provided the court with documents confirming a fire broke out in the property and he did not benefit from it.