BCC 27/2007

The original dispute involved remedies for food supplied to a restaurant which had not been paid for. A key question was whether as the restaurant had been sold under a customary contract which had not been registered this original owner was still responsible for its debts.

Background

A claimant filed a case against an owner of a restaurant before the court requesting they pay him 1858 Dinars for food he supplied to the restaurant in addition to delay interest.

The court ruled that the owner of the restaurant should pay the claimant the amount and the delay interest.

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

Decision

The owner 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 maintained before the court that although the restaurant was still registered under his name, he had sold it to a third party before he was supplied with the food but the court dismissed this defence.