KCC 395/2002

This case involved a request to dismiss a legal reservation. The court had been wrong to base its ruling on the fact customary documents had been provided as evidence when it had been proved these were the original documents.

Background

A company filed a case against the defendants and requested the court to dismiss a legal reservation No. 208/2000.

The court rejected the case.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had contradictions of material documentary evidence and the court had established its ruling based on the argument that the company provided the court with customary documents although it provided the court with the original editions of the documents.

The court stated this argument was valid because the case documents revealed that the company had provided the court with the original editions of the documents.

The court repealed the ruling.