Background

A claimant filed a case against two defendants requesting that the court order the first defendant to pay an amount of money plus legal interest. The claimant stated that he had requested that the first defendant pay the amount to the second defendant but he failed to do so.

The first defendant filed a case against the claimant requesting that the court order the claimant to pay an amount of money.

The claimant requested that the court order the first defendant to swear before the judge.

The court rejected the case made by the claimant and ruled that the claimant pay the first defendant 12500 Dinars.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law and violated his right in defence as the court had established its ruling upon the oath and failed to consider the case properly.