KCC 1989/2020

This case involved non-payment of a subcontractor. Issues included the validity of evidence including photocopies and an expert report. It was also claimed the contractor had not been paid yet by the project owner.

Background

A company filed a case against another company, a project owner, and a bank before the court. The company requested the court to order the company to pay an amount of money plus interests of 7%. The company also requested the project owner to pay what the court ordered the company to pay within the limit of the debt he owed to the company. The company said that the company had assigned the irrigation project owned by the second defendant. The company said that they had committed to all their obligations according to the contract signed with the company, but the latter had failed to commit to their obligations accordingly.

The court ruled that the company should pay the company the amount.

The disputed parties appealed the ruling before the court of appeal. The court dismissed the appeal made by the defendant company. The court dismissed the appealed ruling and ruled that the company should also pay interest of 7%.