KCC 1425/2016

This case involved whether a defendant who had signed a contract with the claimant involving properties should be obliged to pay Ministry fees. A key point was the contract had not detailed what the fee was or how it was to be determined so there was not an obligation.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to pay 25550 Dinars. He said that he had paid an amount as a fee to the Ministry of Finance for the properties he owned along with the defendant.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the defendant should pay the claimant the amount.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the contract he had signed with the claimant had not determined the value of fee paid to the Ministry.

Decision