KCC 1442/2016

This case involved ownership of shops which were related to an investment licensing contract. A key point was the court's failure to consider evidence and testimony.

Background

A claimant filed an urgent case against a defendant before the court. He requested the court to listen to the testimonies of the witnesses in order to prove that the relationship between the two parties was organised according to an investment licencing and that the assets of the licence shops were their own. He also requested the court to appoint an expert in order to consider the case and order the defendant to pay accordingly.

The court dismissed the case.

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

The claimant 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 court had failed to consider the evidence he provided and failed to listen to the witnesses as well.

Decision