Background

A claimant filed a case against a defendant requesting that the court order it to pay 5001 Dinars in compensation for damage resulting from a newspaper publication which had hurt his reputation.

The court ruled that the defendant pay the claimant 5001 Dinars.

The defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as the court had established its ruling upon the assumption the claimant was a judge when the article was published, but he was the chief of public prosecution. The defendant stated that the court had established its ruling upon a penal ruling, but this ruling had found the defendant innocent.

The court stated that this argument was invalid as the penal ruling concluded that the defendant, as chief editor of the newspaper, caused damage to the claimant by approving publication of the mentioned article.

The court therefore dismissed the appeal.