BCC 215/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Civil Evidence, Lending & Security, Payment & Payment Systems, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
16 Oct 2006
Catchwords
Evidence – Loan – Cheque – Interest – Oath
This case involved whether an amount in a cheque was owed. It was claimed the loan principle had been paid and the remainder in the cheque was illegal interest. A key issue was whether an oath could be ordered.
Background
A judge ordered a defendant to pay a claimant 11340 Dinars for a cheque.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had a contradiction of material documentary evidence and had violated the law. It was said that he maintained before the court that the value of cheque included the value of a principal loan and banned interest and that he had already paid the value of the loan. The defendant said that he requested the court to order the claimant to take an oath in order to prove his claims.