KCC 1239/2004

This case was a claim for unpaid dues. It was wrongly argued the case should have been dismissed due to the statute of limitations. However, this deadline did not apply as the claimant had not been aware of these dues previously.

Background

A claimant filed a case against two defendants and requested the court to order them to pay the remaining value of his dues.

The court ruled that the first defendant should pay the claimant 2652.5 Dinars.

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

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and the right of the claimant to receive the dues was already dismissed already due to the statute of limitation.

The court stated this argument was invalid because the case documents revealed that he did not know about his right to receive the dues before filing the case.

The court dismissed the appeal.