KCC 1742/2016

The original dispute involved a claim against a building owner by an individual who had been injured in an elevator. A key issue was the panel of judges which had annouced the ruling had not been the same as those that heard the case.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to pay him compensation of 40000 Dinars. He said that he had been injured in an accident in a elevator located in the defendant’s building.

The court ruled that the defendant should pay the claimant 4000 Dinars.

The claimant and the defendant appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the defendant should pay the claimant 10000 Dinars.

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 board of judges which had considered the hearing was different from the one that announced the ruling.

Decision