BCC 569/2008

This case involved whether a tenancy agreement existed between a landlord and tenant where terms had been agreed but the contract had not been signed.

Background

A landlord filed a case against a tenant before the court requesting a tenant to pay him 90000 Dinars and interest. The landlord said that the tenant had negotiated with him to rent a property but the tenant then reversed his decision and caused him damage.

The court dismissed the case.

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

Decision

The landlord appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had a contradiction of material documentary evidence. It was said that the correspondences between the two parties confirmed that an agreement existed on the property but the tenant had failed to sign the contract.

The court said that this argument was invalid because the correspondence revealed that the two parties were only negotiating the conditions of the issue and a tenancy agreement did not exist at all.

The court dismissed the appeal.