Background

A claimant filed a case against defendants and requested the court to order the first and second defendant to provide guarantee documents and appoint an expert in order to consider the accounting books of the third defendant (a company). The claimant also requested the court to order the fourth and fifth defendants to swear before the judge that the guarantee documents were customary ones.

The court stated it would not consider the case because it had been previously settled.

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

Decision

The claimant 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 contradictions of material documentary evidence because the requests in the current case were completely different from the requests in the previous case.