Background

A claimant filed a case against defendants requesting that the court order the defendants to pay him an amount of money. The claimant stated that the defendants' father owed the amount to him.

The court ruled that the defendants pay the claimant 59910 Dinars plus annual interest at 7%.

The claimant and third defendant appealed and the appeal court upheld the ruling apart from the payment of interest.

The claimant and first defendant appealed by cassation.

Decision

Appeal No. 264/1999

The defendant argued that the ruling had erred in the application of law as he had maintained before the court that the case should be rejected for being filed against an irrelevant party as the claimant failed to file the case against the judicial guardian.

The court held that this argument was invalid as the determination of parties in a case falls under the authority of the court. The court stated that the defendants were parties in the case and thus should bear the responsibility for paying the amounts claimed.

The court therefore dismissed the appeal.

Appeal No. 267/1999