KCC 147/1999

This case involved a request for an expert to be appointed to calculate a claimant's dues from an oil company fund. The issues the claimant raised around quorum could not be grounds for an appeal.

Background

A claimant filed a case against a defendant and requested the court to appoint an expert in order to calculate his dues from the fund of an oil company.

The court ruled that the defendant should pay the claimant 285 Dinars.

The claimant appealed the ruling before the court of appeal. The court stated the claimant had no right to appeal the ruling due to the lack of quorum.

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 had established its ruling based on the report of expert although he objected to the conclusions of the report.

The court stated this argument was invalid because the issues that the claimant raised could not be considered as a reason for appeal of the ruling according to Article 138 of the Pleadings Law.

The court dismissed the appeal.