KCC 104/2004

A case involved a dispute between a claimant and a company over compensation for a flight delay.

Background

A claimant filed a case against a company requesting that the court order it to pay him 5001 Dinars in compensation for a delay to his flight.

The court ruled that the company pay the claimant 675.770 Dinars.

The claimant and company appealed and the appeal court abandoned the ruling and rejected the case.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had established its ruling on the claimant being responsible for the delay as he was late arriving to the airport, however, the company had refused to allow him to board the next flight despite his flight ticket granting him this right.

The court held that this argument was valid as the case documents revealed that company had endorsed its responsibility for the delay and had offered to pay the claimant compensation.

The court therefore repealed the ruling.