KCC 686/2004

This case involved a request for an expert to be appointed to calculate an individual's dues in a fellow fund. The case was rejected. The key issue was an appeal had been introduced but the faults in the earlier ruling had not been fully explained.

Background

A claimant filed a case against two defendants and requested the court appoint an expert to calculate his dues in a fellow fund and order the defendants to pay accordingly.

The court rejected the case.

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

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and stated that the settlement document he provided was an unjudicial endorsement which can be partitioned.

The court stated this argument was valid because the party who introduces an appeal should explain the reasons of the appeal and the faults of the appealed ruling against which the appeal was made.

The court dismissed the appeal.