KCC 1072/2017
The original dispute involved a request for a company manager to hand over documents that proved his appointment as a company manager. A key point was that new requests could not be made to the court of appeal if they had not been made to the elementary court.
Background
A claimant filed a case against a company and two defendants before the court. He requested the court to order the third defendant to hand over all the documents that proved his appointment as a manger of the company.
The court dismissed the case.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that appointment proceedings were invalid and that the actions taken by the third defendant against the claimant were invalid as well.
The second and third defendant appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law. They said that the court of appeal had fulfilled the claimant’s request though it had not been made before the elementary court.