KCC 814/2000

This case involved a claim for money and interest. It was correctly argued this case was outside the statute of limitations as it had been filed three years after the claimant knew about their right to compensation.

Background

A claimant filed a case against the defendants and requested the court to order the defendants to pay an amount of money and legal interest.

The court refused to consider the case because it was previously settled.

The claimant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the first defendant should pay the claimant 153750 Dinars and 7% annual interest.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation because he had maintained before the court that the case should be rejected because of the statute of limitation in accordance with Article 263 of the Civil Law but the court ignored this defence.