KCC 126/2005

This case involved a request for compensation or the issue of an ownership document as a sales contract had not been registered. The court was not required to order interest be paid as not receiving interest was not damaging the claimant.

Background

A company filed a case against two defendants before the judicial arbitration department and requested the department to order the defendants to register a sales contract dated on 03/10/2001 and issue an ownership document with the name of the company or pay an amount of money as compensation.

The department ruled the first defendant should pay the company 529850 Dinars and rejected other requests.

Decision

The company and other claimant 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 because the court had refused to rule the defendant should pay annual interest although they did not request the court to order the defendant to pay this interest.

The court stated this argument was invalid because the refusal of the court to rule that the defendants should not pay interest did not damage to the claimants anyway.

The court dismissed the appeal.