KCC 154/2002
Background
A claimant filed a case against a company requesting that the court appoint an expert to calculate his share in the profits of the company.
The company filed a case against the claimant requesting that the court order it to pay an amount of money.
The court ruled that the first case had been settled and ordered the claimant to pay the company 30699.132 Dinars.
The claimant and 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 was obliged to pay the value of the goods in dispute under contract.
The court held that this argument was valid as the court had ignored the mentioned condition in the agreed contract between the parties.
The court therefore repealed the ruling.