KCC 107/2003

This case involved a request to validate a legal reservation. It was wrongly argued a penalty under the pleadings law should have been imposed. This was incorrect as such a penalty was under the authority of the court.

Background

A bank filed a case against defendants and requested the court to order the first and second defendants to pay an amount of money and validate a legal reservation No. 339/1996.

The court ruled that the first defendant should pay the bank 3488410.413 Dinars and the second defendant should pay 656865.489 Dinars. The court also validated the legal reservation.

The bank and the second defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling in regards to the second defendant and ruled the first defendant should pay the full amount of money.

Decision

The bank appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation and stated the court had not imposed the penalty stipulated by Article 227 of the Pleadings Law.