KCC 715/2005

This case involved a request that an expert be appointed to calculate a claimant's dues in a syndicate fund. The claimant had not filed the case in line with the deadline in the company statute.

Background

A claimant filed a case against a company and two defendants and requested the court to appoint an expert in order to calculate his dues in a syndicate fund of an Oil Company and order the defendants to pay these dues accordingly.

The court ruled that the two defendants should pay the claimant 9471.955 Dinars.

The two defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The two defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They stated the court had rejected their argument that the court should rejected it because it was filed before the dues fell due but the court had rejected their argument.