Judicial principles and studies
Omission Request for an Overlooked Claim of Legal Interest - Court of Appeal
If the Court of Appeal omits deciding a plaintiff's request for legal interest, Article 168/3 of the Civil Procedure Code requires filing a request to remedy the omission to that court; cassation on that omission is not permitted beforehand.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
A request for legal interest is treated as a substantive claim between the parties. Where the plaintiff sought legal interest and the Court of Appeal omitted deciding that request in its appealed ruling, the legislator provided, under Article 168/3 of the Civil Procedure Code, a procedure to address such omissions by filing a request to remedy the omission with the Court of Appeal.
Summary
Procedural rule: the statutory remedy of filing a request to remedy the omission before the same Court of Appeal must be used with respect to matters omitted by that court; one may not pursue cassation on those omitted matters prior to submitting the omission request.
Practical significance
A party who considers that the Court of Appeal failed to adjudicate a substantive request (for example, legal interest) should file the omission request to the Court of Appeal before initiating cassation on the basis of the omission. This content is an educational summary and not judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.