KCC 1277/2004

This case involved a request for an expert to be appointed to determine two claimant's shares in a company. The court had been wrong to ignore a substantial defence which may have changed the decision.

Background

Two claimants filed a case against two defendants and requested the court to appoint an expert to estimate the profits a company gained and determine the share of each of them.

The court stated the case had finished.

The claimants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and referred the case to the elementary court.

The defendant filed a case against two claimants and requested the court to order the claimants to pay amount of money.

The court rejected the original case. The court ruled that the first claimant should pay the defendant 2508.333 Dinars and that the second claimant should pay the defendant 3289.207 Dinars.

The claimants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision