KCC 402/2014

This case involved amounts owed to a company. The appellant's claim that the company also owed them money was irrelevant as it was not made until the court of cassation stage.

Background

The court upheld the elementary ruling that ordered the appellant to pay 21000 Dinars to a company.

Decision

The court said that the court established its ruling on the grounds of an expert report which concluded that the appellant still owed the mentioned amount to the company according to an agreed contract. The court said that the appellant had failed to maintain the defence that the company owed him 17000 Dinars before the court of appeal and therefore he did not have the right to maintain this defence before the court of cassation for the first time. The court said that the court had the right to evaluate the evidence in order to establish its ruling and it was not obliged to respond to each defence made by the appellant.

The court dismissed the appeal.