KCC 697/2004

The original case involved a claim for compensation as a result of an injury. The key issue in this case was whether it was possible to lodge an appeal and then request the court delay its consideration so the appellant had time to provide the guarantee.

Background

A claimant filed a case against a defendant and requested the court to order the defendant to pay him 30000 Dinars in compensation for an injury.

The court ruled that the defendant should pay the claimant 2500 Dinars.

Decision

The claimant and the defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the defendant should pay the claimant 1000 Dinars.

The defendant 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 because the court had rejected his appeal because he had not paid the guarantee although he had requested the court to delay the consideration of the appeal so he could pay the guarantee but the court had ignored his request.