KCC 1941/2016
This case involved a claim against a defendant who had misuesd an authorisation to manage the claimant's assets. A key issue was the court's failure to listen to a defence which challenged the expert's valuation of all the assets.
Background
A claimant filed a case against a defendant before the court. She requested the court to order the defendant to pay 17451137 Dinars. She said that she had issued an authorisation to the defendant to manage her assets and that the defendant had failed to commit to his obligations. She said that the defendant had used the authorisation for his own interests.
The court ruled that the defendant should pay the claimant 952841.996 Dinars.
The claimant and the defendant appealed the ruling before the court of appeal. The court dismissed the appeals and 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 violated the right of defence. He said that he had maintained before the court that the expert had miscalculated the value of one of the disputed properties but the court had dismissed his defence.