BCC 366/2017
This case involved compensation for fire damage which was to be assessed by an expert. There had been a request for an interim amount with the option to change when the expert completed their work. A key issue was whether a request at the court of appeal stage should be considered a new request which was not valid for the first time at this court level.
Background
A claimant filed a claim with the high civil court requesting the defendants pay 5005 dinars temporary compensation while preserving their right to amend its request until the expert completed the calculations to estimate the damage sustained by its workshop as a result of a fire which started because of the defendant.
The court dismissed the case.
The claimant appealed the ruling before the court of appeal which issued a ruling requesting the defendant pay the claimant a certain amount of money as estimated by the expert
The defendant appealed the ruling before the court of cassation because it contradicted the law as they had asked them to pay more than the request made by the claimant