KCC 1359/2008

This case involved a claim for money and the dismissal of a contract. A key issue was whether compensation was due. It was wrongly argued this contract was illegal as it violated the general system so no compensation was due.

Background

A claimant filed a case against a defendant and requested the court dismiss a contract dated on 06/12/2005 and order the defendant to pay him 32000 Dinars.

The court ruled that the contract should be dismissed and that the defendant should pay the claimant the amount.

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

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and the agreement that he agreed with the defendant violated the rules of general system so he had the right to claim the mentioned amount back.

The court stated this argument was invalid because the contract between the two parties was legal.

The court dismissed the appeal.