Background

A claimant filed a case against a defendant requesting that the court dissolve their company and appoint him as liquidator. The claimant stated that the defendant had failed to commit to his obligations under contract which had caused losses for the company.

The defendant filed a case requesting that the court order the claimant to pay 10000 Dinars in addition to compensation.

The court rejected the two cases.

The claimant and defendant appealed and the appeal court upheld the ruling.

The claimant and defendant appealed by cassation.

Decision

Appeal No. 656/1998

The claimant argued that the ruling had erred in the application of law and had insufficient evidence of causation as the court had established its ruling based on the liquidation request not being a joint venture, however, the company legally existed and had rights and obligations as a result.

The court held that this argument was invalid as the joint venture is a partnership that includes two parties or more and no independent legal person from the partners, therefore it is not an independent entity.

The court therefore dismissed the appeal.