KCC 48/2002 issued on 04/11/2002
This case involved the payment of a debt where payment was based on the debtor's financial status.
Background
A claimant filed a case against a defendant before the court. She requested the court to order the defendant to pay 22512 Dinars. She said that the defendant owed the mentioned amount and that he had failed to pay it.
The court ruled that the defendant should pay the claimant the mentioned amount.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law. He said that the court had established its ruling on the grounds that the debt fell due and he had failed to pay it though the payment of the debt was conditioned by his financial status. He said that the expert report concluded that he was unable to pay the debt right now.