Background

A claimant filed a case against a company requesting that the court appoint an expert to determine the financial position of the company and the shares belonging to her mother.

The court ruled that the company pay the claimant 9157.854 Dinars.

The company appealed and the appeal court upheld the ruling.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the claimant had requested that the managers of the company pay the mentioned amount, but the court had diverted these requests.

The court held that this argument was valid as the court is obliged to restrict itself to the requests made by the disputed parties. The court stated that the claimant had amended her claim to request that the managers of the company pay the mentioned amount.

The court therefore repealed the ruling.