KCC 242, 247/2015
This case involved a breach of a construction contract and whether compensation was owed to the client after the contract was dismissed.
Background
A claimant filed a case against a contracting company before the court. He requested the court to dismiss the contract signed with the company. He also requested the court to order the company to pay 120,000 Dinars. He said that the company had agreed to build a villa for him within a certain timeframe. He said that he had committed to his obligations and had paid the agreed instalments, but the company had failed to build the villa.
The company requested the court to appoint an expert in order to prove that the claimant had failed to commit to his obligations.
The court dismissed the company's request. The court ruled that the contract signed between the two parties should be dismissed and that the company should pay the claimant 30,250 Dinars.
The claimant and the company appealed the ruling before the court of appeal. The court dismissed the appeals and upheld the appealed ruling.
The claimant and the company appealed the ruling before the court of cassation.
Appeal No. 242/2017: