Judicial principles and studies
Appeal Grounds, Technical Expert Evidence and the Expert System
The points address the need to treat each appeal ground separately, the role of technical expertise as evidence, and the requirements for appointing and licensing experts under the expert system.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
- The points state that an appellate court’s omnibus response to appeal grounds is inadequate when each ground raises an independent objection, contrary to Article (188/4) of the Code of Civil Procedure. - Technical expertise is classified as a means of evidence under Articles (6/2) and (71) of the Evidence Law, and the court of merits has the discretion to weigh and prefer evidence under Articles (34/33) of that law, provided the conclusions are supported and reasonably derived from the submitted evidence under Articles (85/83) of the Civil Procedure Code. - The points require that surveyors and property valuers be licensed and registered, or be chosen from the Ministry of Justice’s roster of experts when parties do not agree, and that experts be informed of the task entrusted to them. - The points also note a drafting error in the cassation petition where the item was titled "appeal grounds" instead of "grounds of cassation," and the reasons were addressed despite their absence in the schedule.
Summary
- Each appeal ground that raises an independent defense must be addressed separately by the appellate court, failing which the reasoning may be defective under Article (188/4). - Technical expert evidence is assessed by the court of merits within its discretionary evaluation; cassation review does not intervene if the expert-based findings are coherent, admissible and grounded in the case evidence. - The expert system requires licensed/registered experts or appointment from the official roster, with a clear mandate communicated to the expert. This is an educational summary only; it is not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.