Background

The claimants field a case against two defendants and requested the court to appoint an expert to calculate the dues of their deceased father in a syndicate fund of an Oil Company and pay them these dues accordingly.

The court ruled that the defendants should pay the heirs 7706.027 Dinars.

The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and stated the commercial department had no mandate to consider the case and referred it to the labour department.

Decision

The claimants appealed the ruling before the court of cassation.

The Public Prosecution argued that the claimants had no right to appeal the ruling.

The court stated this argument was valid because Article 128 of the Pleadings Law stipulated that the rulings which are issued during the consideration of the case and do not settle the dispute cannot be appealed.