KCC 1024/2020

The initial dispute involved a failure to pay an agreed amount for the purchase of a property. There had been an attempt to get a payment order. The key issue was the right to appeal on the grounds of differentiation between rulings.

Background

A claimant filed a case against a defendant before the court. They 8,500 Dinars. They said that the defendant had only paid 5,200 Dinars and failed to pay the remaining amount. The defendant said that they had committed to all obligations according to the contract signed between the two parties. They said that they had tried previously to obtain a payment order from the court to compel the defendant to pay but they had failed to get this order and therefore had submitted the current case.

The court appointed an expert and when he presented his report, the court ruled that the defendant should pay the amount.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the case altogether.

The claimant appealed the ruling before the court of cassation.

The Public Prosecutor presented a memorandum arguing that the appeal could not be considered.

Decision