KCC 119/1999/1

This case involved a claim for compensation for a contract violation. It was argued the case should be dismissed under the statute of limitations. Ministry of Justice experts confirmed the company deserved compensation under the commerce law.

Background

A company filed a case against two defendants and requested the court to order them to pay compensation of 5001 Dinars because they had violated an agreed contract.

The court ruled that the case should be dismissed due to the statute of limitations.

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

Decision

The company appealed the ruling before the court of cassation.

The court repealed the ruling and abandoned the appealed ruling and referred the case to one of the experts in the Ministry of Justice.

The court stated it was persuaded by the report of expert and that the company got damage due to the defendants' violation of the contract and so the company deserved compensation according to Articles 281 and 286 of the Commerce Law.

The court ruled that the first defendant should pay the company 5001 Dinars.