KCC 793/2002

This case involved a request for money which was stated had been collected in violation of a contract be returned. This was incorrect as no evidence had been provided that the first defendant had failed to meet their contractual obligations.

Background

A claimant filed a case against two defendants and requested the court to order the first defendant to pay an amount of money. The claimant stated the first defendant had collected the amount in violation of the agreed contract between the two parties.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case because it had not been filed within the legal deadline.

Decision

The claimant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and the pledge issued by the first defendant included obligations and the case documents included no proof that the first defendant had committed to these obligations.