KCC 275/2006

This case involved a request for an expert to be appointed to confirm the amount due to an individual from a fund. There had been a settlement document in which the claimant had endorsed that they had received all their dues from the fund. This document had legal power.

Background

A claimant filed a case against defendants and requested the court to appoint an expert in order to calculate the value of his dues in the fellow fund and order the defendants to pay accordingly.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the defendants should pay the claimant 5588.584 Dinars.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because the claimant had signed a settlement document in which he endorsed that he had received all his dues in the fellow fund.

The court stated this argument was valid because the settlement document had a legal power before the court of cassation.

The court repealed the ruling.