BCC 559/2015

The initial dispute involved unpaid rent on land. This case involved the impact of the omission of judges' names in the preamble of the ruling.

Background

A claimant filed a case with the Minor Civil Court against the defendant, requiring him to pay 2000 Dinars .

This was the value of the rent for some land that he had rented and that he had failed to pay despite being notified.

The court accepted the requests of the claimant.

The defendant appealed the ruling before the court of appeal which issued a ruling dismissing the appealed ruling.

The claimant appealed the ruling before the court of cassation, because of the error in the application of the law

This was because the judge's name was not mentioned in the preamble of the ruling as such the court did not consider the case, even though the invalidity had not affected the statement of claim and as such the court should have considered the subject of the case.

Decision