KCC 232/2001
The initial dispute involved the sale partnership property by auction as ordered by a ruling. A key point was whether it was possible to appeal.
Background
Two claimants filed a case against defendants before the court. They requested the court to validate the sale of a disputed property by auction and the distribution of its value to the partners. They said that a previous ruling was issued in this regard but it had not been executed.
The court ruled that the property should be sold by auction.
The defendants appealed the ruling before the court of appeal. The court said that the appeal should be considered invalid.
The first defendant appealed the ruling before the court of cassation. They said in her grounds of appeal that the appealed ruling had erred in the application of law and had violated the right of defence. She said that she maintained before the court that the ruling was invalid because the judge had failed to consider the previous ruling. She said that the ruling was issued in her absence and they lost the opportunity to defend their case.