BCC 1965/2019
This case involved a failure to build a property. There was a failure of the court to take into account that some of the cheques paid involved an old contract.
Background
A claimant filed a case against a defendant before the court. They requested the court to order the defendant to pay them 75000 Dinars. They said that the father had agreed to build a building for the defendant but the latter had failed to commit to his obligations.
The court ruled that the defendant should pay the claimant 28185 Dinars and interest.
The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the case altogether.
The claimant appealed the ruling before the court of cassation. They said in her grounds of appeal that the ruling had violated the law. They said that the court had established ruling on the grounds of an expert report and had failed to consider that some of cheques provided by the defendant related to an old contract between her father and the defendant.