KCC 587/2005

This case involved a claim for damages as a result of what was considered malicious litigation as the company had filed many cases against the other company merely to cause them damage.

Background

A company filed a case against company and requested the court to order the company to pay temporary compensation of 5001 Dinars for the damage which had resulted from the filing of a case by the second company.

The court rejected the case.

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

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that the case documents included no proof that the second company had intended to cause damage to the first company although the company had filed many cases which had caused damage to the first company.

Decision