ECC 4843/1999

This case involved money due under a contract. Key elements included whether the court had been wrong to ignore evidence which showed the company had directly paid some money to the subcontractor and the contractor's responsibility for work of the subcontractor.

Background

A company filed a case before the Court of First Instance against a contractor company and requested the appointment of an expert to settle accounts between both parties because the defendant had refused to pay an amount that the company owed him. The contractor filed a subsidiary case requesting the plaintiff to pay the amount.

The court ruled that the defendant must pay the plaintiff an amount and refused the subsidiary case.

Both parties filed an appeal and the court joined both cases, cancelled the appealed ruling and in the subsidiary case, compelled the company to pay the contractor an amount.

Decision