KCC 646/1999/1

This case involved the amount due as the result to comply with requirements in a contract. A key issue in this case was the evidence.

Background

A company filed a case against a defendant and requested the court to order the defendant to pay an amount of money. The claimant stated the defendant had failed to commit to his obligations according to an agreed contract.

The defendant requested the court to order the company representative to swear before the judge and order the company to pay an amount of money.

The court rejected the case made by the company and ruled the company should pay the defendant 21027.799 Dinars.

The company and the defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendant should pay the company 17076.840 Dinars and rejected the case made by the defendant.

Decision

The defendant appealed the ruling before the court of cassation.

The court of cassation repealed the ruling and referred the case to an expert.

The court stated it was persuaded by the conclusions of the expert and changed the appealed ruling and ruled the company should pay the defendant 32746.792 Dinars.