BCC 451/2016

This case involved payment of rent under a property lease and assignment.

Background

A claimant filed a case before the civil court against the defendant, requiring them to pay the rent for a shop with a value of 16,500 Dinars, According to an agreement between them, the shop should be vacated on 1/8/2009, but the defendant had violated the agreement, so they filed the case.

The court ruled to dismiss the case.

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

The claimant appealed the ruling before the court of cassation, which overturn the ruling, and dismissed it , and returned the case to the first instance court

dismissing the case. A referral court ruled.

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

The claimant appealed the ruling before the court of cassation because of an error in application of the law. when It ruled that the case was not admissible without status.

However, the claimant was given a power of attorney for by their client from the bank authorizing them to demand the tenants of the property, including the defendant, pay rent, which must be reversed.