KCC 415, 406/2017

This case involved a claimant who had purchased a property then found it was occupied by others. A key issue was whether the claim for unjust enrichment was outside the statute of limitations.

Background

A claimant filed a case against some defendants before the court. He requested the court to order the defendants to pay him 100000 Dinars and compensation of 5001 Dinars. He said that he had bought a property from the first defendant but he then found that the other defendants were occupying the property.

The court ruled that the first defendant should pay the claimant 100000 Dinars.

The claimant appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the first and second defendants should pay the claimant 100000 Dinars and compensation of 5001 Dinars.

The claimant and the defendants appealed the ruling before the court of cassation.

Decision

Appeal No. 415/2017:

The defendants said in their grounds of appeal that the ruling had erred in the application of law. They said that the claimant had failed to submit his case within the legal deadline and that the case should have been dismissed due to the statute of limitations.