Background

A claimant filed a case against defendants requesting that the court order the first defendant to pay an amount of money plus profits and interest. The claimant stated that the defendants had illegally seized his share in a disputed shop.

The court ruled that the first defendant pay the claimant 167000 Dinars.

The claimant and first defendant appealed and the appeal court upheld the ruling.

The first defendant appealed by cassation.

Decision

Before the cassation court the first defendant argued that the ruling had violated the law as the court had rejected his request to suspend consideration of the case until a penal case regarding fabrication had been settled.

The court held that this argument was invalid as the issue of fabrication had been revealed before the transfer of the penal case and thus the penal judge had no right to consider the issue of fabricated documents.

The court therefore dismissed the appeal.