Article 221: Exception de certification pour les barres Dika

Décisions de la Cour suprême interprétant cette section

1. Arrêt n° 238/2568 de la Cour suprême (2025)

   Where a case is barred from a fact-question Dika, a defendant who does not file a request for a judge to certify the matter as an important question under Section 221 cannot have the fact-question Dika accepted.

   The two defendants filed a fact-question Dika without asking a judge who tried or signed the judgment to certify it as an important question under Section 221. The Supreme Court held the trial court's acceptance of the fact-question Dika improper and declined to consider it.

2. Arrêt de la Cour suprême n° 7256/2567 (2024)

   In a case barred under Section 220, a Dika filed without any certification under Section 221 is improper, and the trial court's acceptance of it will be set aside by the Supreme Court.

   The plaintiff filed a Dika on a charge barred under Section 220 without any certification under Section 221. The Supreme Court held the trial court's acceptance of that Dika improper and declined to consider it.

3. Arrêt de la Cour suprême n° 1154/2567 (2024)

   Where a Dika does not contest the Court of Appeal judgment and is therefore improper under Section 193 paragraph two with Section 216 paragraph one, a judge cannot use discretion to certify it under Section 221, and any acceptance is invalid.

   The first defendant's Dika did not contest the Court of Appeal judgment, making it improper under Section 193 paragraph two with Section 216 paragraph one. The Supreme Court held that a judge could not exercise discretion to certify such a Dika under Section 221, so the trial court's acceptance was invalid.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.