Background

A company filed a case against another company requesting that the court order it to pay the remaining value of a transportation contract.

The court ruled that the company had no right to file a case due to the statute of limitations.

The company appealed and the appeal court ruled that the defendant pay 91973.812 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law and contradicted material documentary evidence as the court had misunderstood the statements the company provided and assumed that these statements were in connection to a dispute over a current account.

The court held that this argument was valid as the court had assumed that the request made by the company was to claim the value of a current account without explaining the legal basis upon which it made such an assumption.

The court therefore repealed the ruling.