KCC 481/2002

The original dispute involved the rent level of a property leased by a company. The key issue was whether the Court of Appeal had the jurisdiction to make a ruling on rent levels.

Background

A company which was a landlord filed a case N 1415/2001 and requested an increase in the rental value of a property they had rented to another company on 10/08/1995 for a monthly rental payment of 3500 Dinars for the last five years. The tenant filed a subcase and requested a decrease in the rent.

After examining the expert's report, the court ruled in the original case that the rental was valued at be 4500 Dinars per month since the beginning of the lawsuit and rejected the sub-case.

The tenant company appealed the ruling N162/2001.

On 25/11/2001, the Court of Appeal repealed the appealed ruling, and valued the monthly rental at 4500 Dinars and rejected the sub- case.

The tenant filed an appeal before the court of cassation.

Decision