KCC 14/2003

This case involved a claim for compensation for a ship which had been reserved. The key issue was whether the normal courts had jurisdiction to consider this case or it should have been considered by the administrative courts.

Background

A claimant filed a case against a defendant and requested the court to order the defendant to pay him 50000 Dinars as compensation for the damage which had resulted when the defendant had reserved his ship.

The court ruled that the defendant should pay the claimant 1200 Dinars.

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

Decision

The defendant 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 he had maintained before the court that the court had no mandate to consider the case and the administrative court should have considered the case.

The court stated this argument was invalid because the law included no articles which stipulated the normal courts had no mandate to consider compensation cases for illegal actions made by their employees during their work.