KCC 679/1999

This case involved an amount which was owed. A key issue was whether it was right for the court to run both defendants should pay this amount jointly when the source of their liability was different.

Background

A claimant filed a case against the defendants and requested the court to appoint an expert in order to calculate dues the defendants owe and order them to pay accordingly.

The defendants filed a case against the claimant and requested the court to order him to pay their dues.

The court rejected the case made by the defendants and ruled the defendants should pay the claimant 40780.010 Dinars and annual interest of 7%.

The claimant and the defendants appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendants should pay the claimant 40491.549 Dinars.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had ruled that they should cooperatively pay the amount although the source of commitment for each of them was different.