KCC 1217/2004

This case involved compensation for delay in a contract. It was wrongly argued the issue was damage to a vehicle not the contract delay. This was incorrect because the decision was based on the expert report and evidence.

Background

A company filed a case against a company and requested the court to order the company to pay an amount of money. The company stated the company had failed to commit to its obligations according to an agreed contract.

The company (defendant) filed a case against the company and requested the court to order it to pay compensation for the delay in the implementation of the contract.

The court rejected the case made by the defendant and ruled the company should pay 55268.337 Dinars.

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the court had established its argument based on the argument upon the company had made a mistake in the implementation of the contract although the mistake was as a result of damage to a vehicle.