BCC 497/2015

This case involved whether there was sufficient evidence that contractors contracted to do building work had caused a leak in the roof.

Background

A claimant filed a case with the civil court against the defendants requiring them to pay 31,740 dinars and interest , According to a contracting agreement between them they were entrusted with installing tiles, floors and an insulating layer at a value of 99,000 dinars, and he had paid the full amount for the completion of the work.

After several months, water began to leak through the roof of the apartments, which caused great material damage and they filled an urgent case to prove the state of the property .

The court appointed an expert and then dismissed the case .

The claimant appealed the ruling before the Court of Appeal, which upheld the appealed ruling.

The claimant appealed the ruling before the court of cassation because of an error in application of the law and it had contradicted the evidence in the case. They decided to uphold the ruling, as he was unable to prove what he claimed.