BCC 129/2008

This case involved whether an agent was due commission for the sale of a property. The court had the authority to assess the evidence and decide if this work had been done by the same agent.

Background

A broker filed a case against buyers before the court requesting the seller pay him 3500 Dinars as commission. The broker said that he had helped the buyers to make the deal but they denied his role.

The court dismissed the case.

The broker appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the buyers should pay the broker the remaining commission as the seller had already paid half of it.

Decision

The buyers appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation because the court had established its ruling based on the argument that the broker arranged the deal although the deal was arranged by a different broker.