KCC 564/2003

This case involved a request by a claimant for money and interest due under a contract. The court had been wrong to base its decision solely on an expert report and having ignored evidence provided by the claimant.

Background

A claimant filed a case against a defendant and requested the court to dismiss the contract dated on 14/03/1999 and order the defendant to pay money and compensation.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendant should pay the claimant 22300 Dinars plus 10000 Dinars as compensation and 7% legal interest.

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 because the court had concluded that they had failed to commit to their obligations according to the contract and had ignored documents the provided to support their claims.

The court stated this argument was valid because the court had established its ruling based on an expert report and had ignored the documents provided by the defendant to support her claims.

The court repealed the ruling.