Background

A claimant filed a case against two defendants requesting that the court dissolve a contract and order the first defendant to pay an amount of money and compensation.

The first defendant filed a case against the claimant requesting that the court validate a legal reservation.

The court ruled that the mentioned contract be dismissed and that the first defendant pay the claimant 400 Dinars. The court also validated the legal reservation.

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

The first defendant appealed by cassation.

Decision

Before the cassation court the first defendant argued that the ruling had erred in the application of law as it had maintained before the court that the claimant had no right to claim the mentioned value as the contract had been dismissed but the court ignored this defence.

The court held that this argument was invalid as the case documents revealed that the continuation of the company contract was impossible as the first defendant failed to commit to its obligations under the contract.

The court therefore dismissed the appeal.