BCC 501/2016
This case involved the sale of a property which did not exist and whether compensation should be paid on top of the return of the sales price. The ruling had become final and could not be challenged by appeal.
Background
A claimant filed a case against the defendants requesting they revoke a sales contract and pay 47000 Dinars and 20000 Dinars in compensation plus interest. The claimant said they had bought a property which was the subject of the case but later discovered that the property did not really exist.
The court revoked the contract and requested the defendants pay the requested amount and 7600 Dinars in compensation.
Both parties appealed the ruling before the Supreme Court of Appeal and the court revoked the appealed ruling.
In appeal 501-2016 the defendants claimed before the court of cassation it contradicted the law and erred in its application because it had overlooked the damage factors for which it estimated the compensation. The documents of the case did not show that the claimant had suffered damaged after they got back the money they paid.