KCC 510/2003

This case involved a request for an expert to be appointed to assess profits payable under a contract. A key issue was the validity of the judgment because the board of judges who attended the hearing were different from those who issued the ruling.

Background

A claimant filed a case against defendants and requested the court to appoint an expert in order to calculate profits which had resulted from contracts dated on 02/07/1991 and on 02/11/1991 and order the first defendant to pay accordingly.

The claimant added a second defendant and requested the court to order the first and second defendant to pay 323741.742 Dinars.

The court ruled the first and second defendants should pay the amount.

The first and second defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The first and second defendants appealed the ruling before the court of cassation.

The Public Prosecution argued the ruling should be dismissed because the board of judges who considered the case were different from the one that issued the ruling.