KCC 116/2001

This case involved a request to dismiss a sales contract and award compensation. It was wrongly argued part of the compensation should be paid by the claimant as they had some responsibility for the mistake. This was irrelevant as the court had authority to decide the compensation level.

Background

A claimant filed a case against two defendants and requested the court to dismiss an elementary sale contract dated on 15/04/1996 and order the defendants to pay him 80000 Dinars.

The court ruled that this contract should be dismissed and that the defendants should pay the claimant 50000 Dinars plus 10000 Dinars as compensation.

The claimant and the defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and the claimant should have responsibility for his mistake and so he should pay part of the compensation.

The court stated this argument was invalid and the estimation of the compensation amount fell under the authority to the court.

The court dismissed the appeal.