BCC 410/2005

This case involved liability for a cheque which a bank had refused to cash. Although this was a company cheque the defendant was obliged to pay it from his personal account as he was a partner who the other partner had ceded rights to.

Background

A claimant requested a judge to order a defendant to pay him 24000 Dinars and interest. The claimant said that the defendant had issued a cheque tor him but the bank refused to cash it. The judge refused to issue a payment order and the case was referred to the court.

The court ruled that the defendant should pay the claimant the amount and the interest.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision