KCC 434/2003, 481/2003

A case involved a dispute between a claimant and defendant over sums mistakenly paid to the defendant.

Background

The Ministry of Interior filed a case against a defendant requesting that the court order it to pay an amount of money that he had mistakenly received.

The court ruled that the defendant pay the claimant 14.491.643 Dinars.

The Ministry and defendant appealed and the appeal court ruled that the defendant pay 8.335.643 Dinars.

The Ministry and defendant appealed by cassation.

Decision

Appeal No. 434/2003

The Ministry argued that the ruling had erred in the application of law as the defendant had concealed the fact that he did not deserve the amount received during his travels abroad.

The court held that this argument was invalid as the case documents included no evidence that the defendant cheated or lied in order to receive the mentioned amount.

The court therefore dismissed the appeal.

Appeal No. 481/2003

The defendant argued that the ruling had erred in the application of law as the court did not restrict itself with the reasons of the case as it should have applied the rules of the statute of limitations.