BCC 287/2007

This case involved the sale of a property where the purchasers had not registered the sale. Key questions included whether the seller had the right to claim compensation and if the case should be dismissed because there had been a previous case with the same subject and parties.

Background

A seller filed a case against purchasers before the court requesting the buyers to return a disputed garage or pay 9000 Dinars. The seller stated he sold the disputed garage to the buyers under a customary contract. The seller said that the purchaser had failed to register the garage under their names and so he filed a case against them and the sale was validated. The seller said that the purchasers appealed the ruling before the court of cassation and the court had ruled that the contract should be dismissed. The seller said that he had paid the purchasers an amount but they had failed to give up the garage.

The court refused to consider the case because it was previously considered.

The seller appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the purchaserts should pay the seller 4000 Dinars.

Decision