Background

A claimant filed a case against a defendant requesting that the court dismiss a sale contract for a car and order the defendant to pay the value of the car plus interest and maintenance costs.

The court ruled that the defendant pay the claimant 8747.250 Dinars in maintenance costs and 2000 Dinars in compensation.

The claimant and the defendant appealed and the appeal court ruled that the contract be dismissed and the defendant pay the claimant 20000 Dinars plus interest.

The defendant appealed by cassation.

Decision

Before the cassation court, the defendant argued that the ruling had erred in the application of law as she had maintained before the court that the fault with the car was a result of the claimant's mistake and therefore he did not deserve to benefit from the guarantee document.

The court stated that this argument was invalid as the expert's report concluded that the fault with the car was not due to the claimant. The court held that the fault should have been covered by the guarantee document.

The court therefore dismissed the appeal.