KCC 10/2006

A case involved a dispute between a claimant and defendant over the payment of allowances.

Background

A claimant filed a case against a defendant requesting that the court validate his right to receive allowances under a decision.

The court ruled that the claimant receive the mentioned allowances.

The defendant appealed and the appeal court abandoned the ruling and rejected the case.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law and had insufficient evidence of causation as he had maintained before the court that the mentioned decision requested that he resign within a certain deadline in order to receive the allowances, and he had resigned with approval from the defendant.

The court held that this argument was invalid as, for the claimant to receive the mentioned allowances, he should have met all the conditions of such allowances under the relevant laws and the defendant could not ignore these laws.

The court therefore dismissed the appeal.