Background

A bank filed a case against a company and requested the court order the company to deliver to him all the cars and the equipment which were included in the appendix to a contract dated 23/03/1995 and pay them money in exchange for benefitting from this equipment.

The court rejected the case.

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

Decision

The bank 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 made a legal clearance based on a request by the company although the conditions for such a clearance did not exist.

The court stated this argument was invalid because the case documents had revealed that the cars and equipment were registered under the name of the company before they gave them to the bank.