KCC 449/2003
The original dispute involved child access visits by a father. The key issue was the validity of the court referring the case to another court without dismissing an elementary ruling which had been issued by a court that lacked the mandate to consider the issue.
Background
A claimant filed a case against a defendant before the court. He requested the court to change the timings of visitations with his daughter to three times a week.
The court ruled that the timing should be changed.
The claimant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the claimant could see his daughter on Fridays only.
The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law. He said that the court had referred the case to another court without dismissing the elementary ruling that was issued by a court that did not have a mandate to consider the case.