BCC 1223/2019

This case involved the breach of a contracting contract. A key question was whether there was evidence of a settlement between the parties when this could not be seen in the bank statements.

Background

A company requested a judge to order another company to pay 47000 Dinars and legal interest. The company said that they had finished contracting work for the other company and that latter had failed to commit to their obligations according to the contract. The judge dismissed the request and the case was referred to the court. Two defendants had been added to the case.

The court dismissed the case.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The company appealed the ruling before the court of cassation. The company said in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The company said that the court had established the ruling on the grounds that the disputed parties had reached a settlement on the amount although the bank statement did not show that they had received the amount.

Decision