KCC 1661/2016

This case involved a request to dismiss two oral contracts involving the sale of a shop after it was found the shop did not have a license. The court had the right to dismiss claims about the invalidity of an expert report.

Background

A claimant filed a case against a defendant before the court. They requested the court to dismiss two oral contracts by which a shop had been sold. They also requested the court to order the defendant to pay 57500 Dinars and legal interest of 7%. They said that the defendant had offered to buy a shop but they then discovered that the shop lacked a commercial licence.

The court ruled that the defendant should pay the claimant 57500 Dinars.

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

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 report conducted by the expert was invalid.

Decision