KCC 371/2003, 416/2003

This case involved a request for the bureau of arbitration to dismiss a contract. An appeal was not accepted as it had not included all the names of all the defendants.

Background

The claimants introduced an arbitration request against the defendants and requested the bureau of arbitration to dismiss a contract dated on 09/02/1998.

The bureau ruled the contract should be dismissed and the defendants should pay the claimants 1640000 Dinars.

The defendants appealed the ruling before the court of cassation through two appeals.

The Public Prosecution argued that the two appeals should be dismissed and stated that the defendants had not filed the case against one of the claimants.

The court stated this argument was valid because Article 135 of the Pleadings Law stipulated that the appeal document should include the names of all defendants. The court stated that the defendants had not included all the defendants.

The court dismissed the appeal.