KCC 411/2003

This case initially involved a claim for money and interest due for a failure to undertake contract obligations. A key issue was whether the appeal should be thrown out as it had not been filed within the deadline. An argument that the claimant had not been properly informed of the case documents was rejected.

Background

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

The court ruled that the company should pay the claimant 10967.983 Dinars.

The company appealed the ruling before the court of appeal. The court stated the company had no right to appeal the appealed ruling.

Decision

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 rejected its appeal based on the argument that it had failed to file the appeal within the legal deadline although it had been illegally informed by the case document.