KCC 2751, 2778/2018
This case involved a breach of an agreement involving the opening of a pharmacy. A key point was the contract was invalid as non-nationals could not operate pharmacies.
Background
A claimant filed a case against two defendants before the court. He requested the court to order the defendants to pay him compensation of 60721.754 Dinars. He said that he had agreed with the defendants to operate a pharmacy and the defendants had failed to commit to their obligations.
The first defendant filed a case against the claimant before the court. He requested the court to appoint an expert in order to consider the accounts.
The court dismissed the case filed by the first defendant. The court dismissed the case filed against the second defendant. The court ruled that the first defendant should pay the claimant 36418.256 Dinars.
The disputed parties appealed the ruling before the court of appeal. The court dismissed the claimant’s appeal. The court amended the appealed ruling and ruled that the first defendant should pay the claimant 12000 Dinars.
The claimant and the first defendant appealed the ruling before the court of cassation.
Decision
Appeal No. 2778/2018: