BCC 637/2008

This case involved a claim against a tenant who had previously rented a garage. The court had been wrong to refuse an investigation into whether the key had been returned.

A claimant requested the judge to order the defendant to pay him 5400 Dinars. The claimant stated the defendant owed this amount because he used to rent a garage from him. The judge refused to order the defendant to do this and the case was referred to the court.

The court ruled the defendant should pay the claimant 2400 Dinars.

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

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and had violated the right of defence because he had requested the court investigate the case to prove the defendant had not returned the garage key until 10/09/2005 but the court had ignored this defence.

The court stated this argument was valid because the claimant had the right to prove his claims and the court should have not deprived him of this right.