KCC 1118/2004

This case involved a claim for compensation for a contract delay. The court had been wrong to base its ruling on the expert report when this contradicted the case documents.

Background

A company filed a case against a company and requested the court to order the company to pay an amount of money and legal interest.

The company (defendant) filed a case against the company and requested the court to order it to pay compensation for a delay in delivering the agreed project.

The court rejected the case made by the defendant and ruled the company should pay the company 8731 Dinars.

The two companies appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendant should pay the company delay interest of 7% as well.

Decision

The defendant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had contradictions of material documentary evidence and that the court had established its ruling based on an expert report although this contradicted the reality.