Background

A claimant filed a case against defendants requesting that the court order them to pay 100000 Dinars in compensation for failing to commit to their obligations under an agreed contract.

The court ruled that the defendants pay the claimant 100000 Dinars.

The defendants appealed and the appeal court abandoned the ruling and rejected the case.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had insufficient evidence of causation as the court had established its ruling on the claimant not having the relevant license to open a medical centre, however, the company contract stipulated that the defendants were obliged to prepare the medical centre and obtain the relevant licenses.

The court stated that this argument was valid as the case documents revealed that the defendants had failed to commit to their obligations under contract and were therefore responsible for the delay in the opening of the medical centre and for the payment of the value of the penal clause.

The court therefore repealed the ruling.