BCC 351/2007

This dispute involved a construction contract where one party had failed to pay agreed instalments. The court appointed an expert to review the work but the court had been wrong only to appoint and accounting expert and not to appoint an engineering expert to do this.

Background

A company filed a case against a defendant before the court requesting the defendant pay an amount of money and interest. The company said that the defendant had signed a contracting contract to build a house and agreed to pay the value of contract in instalments but the defendant had failed to commit to her obligations.

The court appointed an arbitrator to review the contracting work and then ruled that the defendant should pay the company 776.35 Dinars and 7% interest

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

Decision

The defendant appealed the ruling before the court of cassation. The court of cassation repealed the ruling and referred the case to the court of appeal. The court of appeal amended the appealed ruling and ruled the defendant should pay the company 514.102 Dinars.