The “appeal” rejected the case for failure to complete the contract

Federal Supreme Council supports a challenge to a claim of 3.3 million dirhams

The Federal Supreme Council referred the case to the "appeal" for further consideration.

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The Federal Supreme Court upheld the appeal of a contracting company against an appeal ruling that rejected its claim regarding the claim of three million and 332 thousand dirhams dues, in exchange for services and consultations provided to implement a service and resort project, and decided to refer the case to the Court of Appeal for further consideration.

In the details, a company filed a lawsuit against a party that had given it the privilege to implement a project, demanding the assignment of an engineering expert, to determine the works that it had commissioned from the defendant, determine its dues, explain the damages suffered, and compensate it for it.

She said that she obtained the concession to establish and develop a service project, and she entered into an agreement with the defendant to manage the project, and began her work in accordance with the agreement, and bore the expenses and salaries of the engineering staff in charge of managing the project, and she sent the invoices of those frameworks to the defendant and received them without objection, until the defendant decided In November 2015, she must terminate the contract and prevent her from entering the project site that requires fulfilling her dues and compensation for the lost earnings, claiming the amount of three million and 332 thousand and 500 dirhams.

The court of first instance ruled, after it appointed an expert to dismiss the case, and the Court of Appeal upheld it, so the company appealed the ruling, explaining that the judgment violated the law, and it was wrong in its application, as the judgment concluded in its reasons that it placed itself at the disposal of the defendant in the project site immediately Her work until her arrest, adding that she provided, during this period, services and works that reflect the effort she made, during her presence in the project, which does not contradict the fact that the project is still in the process of studies, and that the judgment is reduced to the reason for the failure to complete the contract between the parties to the conflict, leading to the outcome of rejection. Whoever ended up in a commercial relationship that is subject to free proof does not prevent him from searching for services, consultations, and completed works evidenced by evidence or disbelief, and arranging the legal effect resulting thereon, in order to achieve the right in the case.

For its part, the Federal Supreme Court upheld the appeal, explaining that the judgment of the appeal rejected the plaintiff’s claim on the grounds of not completing the contract, and it was not possible to associate the acceptance with the affirmative, and that the period of negotiations had no legal effect on what was going on between the two parties, as it would have erred in applying the law, and withholding it This is about searching and scrutinizing the plaintiff’s request to judge her entitlements in exchange for services, consultations, and completed works evidenced in evidence and disbelief, and arranging the legal effect resulting in their regard.

It affirmed that the referral court issuing the appealed judgment must examine the appeal request, in compliance with the nullified judgment, but the judgment contradicted this consideration, and did not examine the case on the basis of what was decided by the nullified judgment as mentioned above, contenting itself with saying that the contract between the two parties has not been completed. He has made a mistake in applying the law in a manner that necessitates its revocation for this reason, provided that the cassation is with the referral.

A court of first instance appointed an engineering expert and ruled to dismiss the case ... and the "appeal" upheld it.

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