BCC 55/2007

This case involved a contract for the sale of some land where it was stated the parties had agreed if the buyer sold the land to a third party the seller would cancel the original contract and issue a new one to the new purchaser. A key point was what happened when a party paid an amount they were not obliged to pay.

Background

A buyer filed a case against a seller before the court requesting the seller pay him 800 Dinars and 10% interest. The buyer said that he bought a land from the seller in order to sell it later. The buyer said that the two parties had agreed that if the buyer sold the land to a third party, the seller should sign the contract and cancelled the previous ones. The buyer said that the seller had failed to commit to his obligations and received 800 Dinars for signing the contract.

The court dismissed the case.

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

Decision