KCC 145/2006/2

This case involved a request to dismiss a decision naming an individual Lawyer B and confirming his right to receive fees. It was wrongly claimed the appeal document was illegal because the lawyer's signature on it could not be read. The law did not specify a specific approach to signatures.

Background

A lawyer filed a case against a defendant and requested the court to order the defendant to dismiss an administrative decision which transferred him to the position ‘Lawyer B' plus validate his right to receive the relevant allowances.

The court ruled that this decision should be dismissed and that the defendant should pay the relevant allowances.

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

Decision

The lawyer appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling has erred in the application of law because he had maintained before the court that the appeal document was illegal because the name of the person who represented the defendant was not complete on the document and because the signature could not be read.