KCC 79/2002

This case involved a claim for compensation by an individual who had been injured by a landmine. The key issue in this case was whether the Ministry of Defence was liable to pay court fees for a case of this nature.

Background

A claimant filed a case against the deputy minister of finance and requested the court to order him to pay compensation for the damage which had resulted from the explosion of a landmine. The claimant then amended the case and added another defendant.

The court ruled that the second defendant should pay the claimant 14233 Dinars.

The two defendants appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the second defendant should pay the claimant 7000 Dinars.

Decision

The second defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law because the court had ordered the Ministry of Defence to pay the fees although it was exempt from paying these fees.

The court said that this argument was valid.

The court repealed the ruling.