Background

A claimant filed a case against defendants requesting that the court announce its bankruptcy.

The court rejected the case.

The claimant appealed and the appeal court ruled that the claimant be considered bankrupt and appointed an insolvency practitioner.

The first defendant appealed by cassation.

Decision

The Public Prosecution argued that the appeal was invalid as the first defendant failed to include the insolvency practitioner in its appeal.

The court held that this argument was valid as the appeal should be filed against the creditor who requests to be considered bankrupt, together with the insolvency practitioner.

The court therefore dismissed the appeal.