KCC 804/2003

This case involved a request for an expert to be appointed to review a company's accounts. It was wrongly argued there had been issues with the expert report which compromised the judgment. However, the court had the authority to decide on the judgment and adopt an expert's report.

Background

A claimant filed a case against a defendant and requested the court to appoint an expert to review the accounting books of a company established by the two parties according to a contract 29/06/1997 and order the defendant to pay him accordingly.

The court rejected the case.

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

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the report of expert though it included many faults.

The court stated this argument was invalid because the court had authority to consider all aspects of the case and evaluate all its evidence and adopt the report of an expert if it was persuaded by its conclusions.