KCC 265/2002

A claimant filed a case against two defendants and requested the court to order them to pay an amount of money.

The court rejected the case against the second defendant and ruled the first defendant should pay the claimant 33573.477 Dinars.

The claimant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the first defendant should pay the claimant 7% legal interest as well.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law and he was not legally informed about the case documents and so he failed to attend the sessions held by the expert.

The court stated this argument was valid because the first defendant was illegally informed by the case document. The court stated the announcement of the case was in violation of Article 9 of the Pleadings Law.

The court repealed the ruling.