KCC 520/2003

This case involved a claim for money and interest. The court appointed an expert to establish a final clearance. It was wrongly argued the expert had failed to ignore all the documents provided so the ruling was incorrect. This was irrelevant as the court had based its decision on two agreements between the parties.

Background

A company filed a case against two defendants and requested the court order them to pay an amount of money and legal interest. The company filed another case against the first defendant and requested the court appoint an expert to make a final clearance between the two parties.

The court ruled the first defendant should pay the company 110000 Dinars and legal interest of 7%. The court rejected the second case.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because the court had established its ruling based on the expert report although the expert had ignored the documents they had provided.