KCC 104/1998

This case involved a request that the court explain a previous ruling on an employee's claim for salary. The court responsible for explaining a ruling should be the specific court which issued it.

Background

A claimant filed a case and requested the court to explain the content of a previous ruling.

The court stated the ruling stipulated that the defendant should pay the claimant 8356.830 Dinars.

The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and stated that the elementary court had no mandate to consider the case and referred it to the court of appeal. The court of appeal stated the ruling stipulated that the defendant should provide the claimant with a certificate of experience and the latest salary he should have received.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and that the court referred the case to the court of appeal based on the argument that it was the court which had issued the ruling although the ruling was issued by the elementary court.