BCC 228/2009

This case involved a request for compensation and to be allowed to benefit from a disputed farm. The defendant should not have been required to pay the rent for the farm for the period the claimants benefited from it.

Background

Two claimants filed a case against two defendants and requested the court to order the defendants to pay them 19404.995 Dinars and allow them benefit from a disputed farm.

The court ruled the defendants should pay the claimants 10080 Dinars and 5% annual interest.

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

The defendants appealed the ruling before the court of cassation. The court repealed the ruling and referred the case to the court of appeal. The court of appeal upheld the appealed ruling.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law because the court had ruled that the defendant should pay the whole rent of the farm although the claimant had benefited from it for seven months.