BCC 446/2018

This case involved money which had been paid for cars which had not been delivered. There was also a counter claim for compensation because of malicious prosecution. The court had dismissed the case because a criminal court had acquitted the first defendant. However this had nothing to do with the debt which had resulted from a commercial transaction between the parties.

Background

A claimant requested a judge to order some defendants to pay him 370000 Saudi Riyals and delay interest. He said that he had bought cars from the first defendant and paid him and another defendant their amounts but they had failed to deliver the cars. The judge refused to issue an order and the case was referred to the court.

The first defendant filed a case against the claimant before the court. He requested the court to order the claimant to pay him 20000 Dinars as compensation for the damage which had resulted from the misuse of the litigation right.

The court dismissed the two cases.

The claimant appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.