KCC 258/1998
Background
A claimant filed a case against a defendant requesting that the court order the defendant to pay him an amount of money. The claimant stated that the defendant had failed to commit to his obligations under a contract.
The court ruled that the defendant pay the claimant the mentioned amount.
The defendant appealed and the appeal court abandoned the ruling and rejected the case.
The claimant appealed by cassation.
Decision
Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had established its ruling on an expert report, however, the report contradicted material documentary evidence.
The court held that this argument was invalid as the court has the authority to consider all aspects of a case and evaluate the evidence in order to establish its ruling. The court stated that it was persuaded by the conclusions of the report.
The court therefore dismissed the appeal.