KCC 2048, 2083/2016

This case involved the dismissal of a contract for the sale of property and the right to dismiss the contract. Also considered were appeal procedures.

Background

A claimant filed a case against two defendants before the court. They requested the court to dismiss a sales contract signed with the defendants. They also requested the court to order the defendants to pay 950000 Dinars. They said that they had bought a property from the defendants but they had failed to commit to their obligations according to the contract.

The defendants filed a case against the claimant before the court. They requested the court to order the claimant to pay 5001 Dinars as compensation.

The court dismissed the defendants’ case. The court ruled that the contract should be dismissed and that the defendants should pay the claimant the amount.

The defendants appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the first defendant should pay the claimant 878750 Dinars and that the second defendant should pay them 71250 Dinars.

Decision

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

Appeal No. 2048/2016: