KCC 356/2011/1

This case involved a claim for moral and physical damages by an individual who had been hit and insulted. The key issue was the ruling should be dismissed as the judges who had considered it lacked jurisdiction because the appealed ruling was issued by the same department which had issued the previous ruling.

Background

A claimant filed a case against a defendant and requested the court to order the defendant to pay him an amount of money for physical damage and 5000 Dinars as compensation for moral damage. The claimant stated the defendant had hit and insulted him.

The court ruled that the defendant should pay the claimant 3591.350 Dinars.

The claimant and the defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and referred the case to the elementary court which ruled that the defendant should pay the claimant 3591.350 Dinars.

The claimant and the defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendant appealed the ruling before the court of cassation.