KCC 1729/2017

The original case involved a local council claim that a company had expropriated public land. A key issue was the company had not been notified about the case progress.

Background

The chief of a local council filed a case against a company before the court. He requested the court to order the company to pay 190000 Dinars. He said that the company had exploited public land without a licence.

The court ruled that the company should pay the amount.

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

The company appealed the ruling before the court of cassation. The company said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The company said that the elementary court had suspended the consideration of the case for one month and that they were not informed of this decision.

Decision

The court said that this argument was valid. The court said that the case documents revealed that the company had not been informed of the decision made by the elementary court in violation of the relevant laws.

The court repealed the appealed ruling.