KCC 405/2004

This case involved a claim by two defendants that their dues in an oil company should be paid. A key issue was whether the expert had been incorrect as they had not gone to the company headquarters to ascertain the position. This was invalid as sufficient grounds for appeal had not been provided.

Background

A claimant filed a case against two defendants and requested the court to order the defendants to pay his dues in an oil company fellow fund.

The court ruled the defendants pay the dues of the claimant.

The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and did not accept the case.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the right of defence because the expert had not gone to the headquarters of the fellow fund in order to verify the defendants' claims.

The court stated this argument was invalid because the claimant had not accurately explained the reasons for their appeal and the faults of the appealed ruling against which they had filed.

The court dismissed the appeal.