Background

A claimant filed a case against a defendant and requested the court order the defendant to pay her compensation of 5001 Dinars for the damage caused.

The court ruled that the defendant should pay the claimant 3000 Dinars.

The claimant and the defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendant should pay the claimant 5000 Dinars and that the ruling should be published in the newspaper once.

Decision

The defendant appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had insufficient evidence of causation and she had maintained before the court she had failed to provide the documents to support her claims.

The court stated this argument was valid because the court had ignored the defence of the defendant although it was a substantial one which might have changed the appealed ruling.

The court repealed the ruling.