KCC 1246/2017

The initial case involved damages for failing to notify an individual of a company meeting of a board of directors. A key issue was who should pay the lawyer's expenses.

Background

A claimant filed a case against two defendants before the court. He requested the court to order the defendants to pay temporary compensation of 5001 Dinars. He said that the defendants had caused damage to him by failing to inform him of the date of the meeting of a board of directors.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case because it was filed against an irrelevant party. The court ruled that the claimant should pay the lawyer’s expenses of 100 Dinars.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had had erred in the application of law. He said that the court of appeal had ordered him to pay the expenses of the lawyer although the elementary court had not considered this request.

Decision