The Great Commercial Court ruled to compel a real estate company and its owner to pay 22,500 dinars, the value of the remainder of an agreement to give up a plot of land and the equipment it contains, for 50 thousand dinars, and the company failed to pay the full amount agreed upon, and the court also obligated it to the delay interest by 4% annually from the date of filing the lawsuit and fees and for law fees.
The facts of the lawsuit are obtained in what the lawyer Muhammad al -Mahdi mentioned the seller that his client had previously abdicated a plot of land for the benefit of the defendants, in exchange for an amount of 50 thousand dinars, and the defendants paid a part of that amount, and they failed to pay the rest of the claim amount, and that the owner of the company “the second defendant” issued 5 checks in the name of the company with a total amount of 22,500 dinars in fulfillment of that amount in favor of the plaintiff, but those checks were done Returning it from the bank withdrawn upon it when it is submitted to the exchange, which led the plaintiff to file the lawsuit, and asked to judge him to compel the defendant on them to pay the amount due to him.
The court drew to the constant of the case papers, which is the contract to give up a plot of land and sell the machines concluded between the prosecutor and the second and third plaintiff, and the prosecutor was established in it a piece of land and machines for the benefit of the second and third defendants for the amount of 50 thousand dinars, and the al -Malail with two signings level their issuance to the second and third defendants and is not contested in any stabbing. The court also referred to the letter sent by the plaintiff to the Jaafari Endowments Administration by requesting a waiver of the remainder of the land lease, which is given in accordance with the assignment contract in favor of the second defendant, and his speech to the administration itself requesting the conclusion of a new lease contract according to the plaintiff’s abdication of the land of the land leased from them in favor of the second defendant.
The court said that the contractual relationship has been proven between the prosecutor and the second and third plaintiffs, with the defendant violating their commitment to pay the remaining amount of the amount due in exchange for that by the amount of the claim, because the case is free, which benefits the payment of the full amount, and to return the checks submitted by them with the total amount of the claim, and the defendant’s second and third defendants are occupied in favor of the plaintiff in the amount of 22500 dinars The claim of the plaintiff in their confrontation has coincided with the correct law, his answer to his request.
For these reasons, the court ruled to compel the defendants from the first to the third to pay the plaintiff to the plaintiff of 22,500 dinars with the delay interest, by 4% annually from the date of filing the lawsuit to complete payment, and obligated them to pay the plaintiff to the lawsuit fees and in exchange for law fees.
