KCC 110/2005

This case involved a claim for a pension. It was wrongly argued a decision should be dismissed because a judge who had been involved in issuing a decision in this case at a lower court had been involved again at the higher court. This was irrelevant as the judge had only issued a ruling that the lower court had not mandate to hear the case.

Background

A claimant filed a case against the General Institution of Social Insurance and requested the court to appoint an expert to calculate a retirement salary and order the institution to pay him accordingly.

The elementary court referred the case to the civil department which ruled the claimant had no right to file 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 violated the law because the court had rejected the argument that the appealed ruling should be dismissed because one of the judges had participated in issuing this ruling although he had previously participated in issuing the elementary court.