BCC 547/2006

This dispute involved goods sold to a company which had not be paid for. The heirs of the company owner could not appeal the decision unless they followed a specific procedure.

Background

A company requested a judge in the civil court to order the owner of a company to pay 8900 Dinars and interest. The company said that it had delivered home appliances to the company but the defendant failed to pay their value. The judge refused to issue the order and referred the case to the court.

The court ruled that the owner should pay the company 8137 Dinars and 7% interest.

The company appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the owner should pay the company 38900 Dinars and 5% interest value.

The heirs of the owner appealed the ruling and said that their father had died before filing the case and the dispute between the two parties did not exist. The court said that the heirs had no right to appeal the ruling.

The heirs of the owner appealed the ruling before the court of cassation.

Decision