BCC 387/2016
The initial dispute involved amounts due after a property had not been built to the contracted schedule. A key issue was whether the claimant could make an appeal on compensation ruled but the defendant could not appeal because that point was considered settled.
Background
A claimant filed a case with the civil court against a defendant requiring him to pay 28,500 Dinars for the value of unfinished business and 8,000 compensation for damages.
The defendant agreed with the claimant according to a contract to build a house for 75,000 Dinars, and they agreed to start the work and deliver the property on a specific date, but he had failed to do so despite receiving the full contract amount.
Decision
The court appointed an expert who estimated the amount to be 28,500 Dinars, and compensation 8,000 dinars. The court asked the defendant to pay 28,500 dinars and refused compensation .
The claimant appealed the ruling before the court of appeal and the defendant appealed to the same court which dismissed the claimant's appeal , upheld the ruling, and ruled that the defendant's appeal was impermissible