KCC 1178/2004

This case involved a request for an expert to be appointed to confirm the distribution of an inheritance. A key point was if an original case was over, and a request related to the original case should be rejected.

Background

A claimant filed a case against defendants and requested the court to appoint a committee of experts in order to distribute his father's disputed inheritance and order the first defendant to pay him compensation.

The first defendant filed a case against the claimant and requested the court to order him to provide a detailed statement of moveable and fixed assets.

The court rejected the case made by the first defendant and appointed an expert. When the expert introduced his report, the court stated the first case had finished.

The first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The first defendant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and that their request related to the original case and so the court should have considered the request.