Background

A claimant filed a case against a defendant and requested the court to order the defendant to pay him the value of a guarantee of 8000 Dinars in addition to the value of some subscriptions.

The court ruled that the defendant should pay the claimant 264 Dinars.

The defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the defendant should pay the claimant 8264 Dinars.

Decision

The defendant 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 because the court had considered the tuberculous that the claimant had suffered from as being a permanent disability though it was not.

The court stated this argument was valid because permanent disability is different from a disease even if this disease is a contagious one.

The court repealed the ruling.