Al Bilad newspaper “Civil Affairs” is considering the delay in resuming a company’s lawsuit due to a technical malfunction – 2024-04-25 19:22:17

A technical failure on the e-government website caused the failure to file an appeal filed by a company against another company that had filed a lawsuit against it, requesting financial compensation.
The details indicate, according to what lawyer Najah Khamdan reported, that the appellant, the Technical Solutions Company, filed a lawsuit before the High Civil Court against her client’s appellant company, which specializes in industrial services, and another company, requesting that they be obligated to pay it jointly the amount of 24 thousand and 425 dinars, along with the legal interest from Due date until full payment, on the basis of the statement that the appellant company had contracted with its appellant client to provide it with an electronic system for its activity in exchange for an amount of 48 thousand dinars and 850 dinars. The appellant company contracted with one of the companies to contribute to paying half the amount, and the latter promised to do so, but it was late in Providing support to the appellant company despite the existence of official contracts to do so, which resulted in the appellant company receiving half the amount, and accordingly, it filed a lawsuit against the appellant company in order to urge it to return the remaining amount, which was supposed to be paid by the other company.
Accordingly, the court ruled at its first instance obligating its client, the appellant company, to pay the appellant the amount claimed, followed by the legal interest at the rate of 3% annually from the date of the claim.
The ruling was not accepted by its client, the appellant company, which prompted her to appeal the ruling to the Court of Appeal, because it had evidence proving that it had paid half the amount to the appellant, and the joint-stock company had delayed paying the remaining amount due to it, as the court ruled that the appeal would not be accepted because the appellant had not deposited the appeal list in its file. The electronic lawsuit appealed the ruling by cassation.
Whereas the appeal was based on one reason for which the first appellant company complains about the contested ruling for violating the law and error in its application, which is that it was ruled inadmissible due to its failure to deposit the appeal list in the case file, and it has become clear that it is due to the presence of a technical defect in the system that occurred on the e-government device. This is according to the statement issued by the heads of the Information Systems Department to the Head of the Courts Administration, which flawes the ruling and requires it to be overturned.
Whereas this was the case, and it was evident from reviewing the electronic appeal file that it fulfilled the legally prescribed requirements in accordance with the approved mechanism, as the first appellant company submitted the appeal through the lawsuit filing service on the e-government website and carried out all registration procedures and attached the required documents, including the appeal list, but for the reason of a technical defect. While registration led to the list not being uploaded, the ruling of the appealed ruling not to accept the appeal for not filing the list is flawed and requires it to be overturned with referral.
Accordingly, the court ruled to accept the appeal, overturn the appealed ruling, and referred the case to the court that issued it to rule on it again, and obligated the respondent to pay the expenses of the cassation appeal and the attorney’s fees.

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