BCC 522/2005
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Payment & Payment Systems, Financial & Business Offences, Limitation of Actions, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
8 May 2006
Catchwords
Litigation procedure – Statute of Limitations – Bounced Cheque
This case involved a bounced cheque which had only been partly paid. The key issue was whether the statute of limitations applied. Although the appellant had not been present when the ruling was issued they had attended the first court of first instance session and the hearing had not been interrupted so they should have been aware of the relevant timescales.
Background
A claimant requested a judge to order a defendant to pay him 700 Dinars. The claimant said the defendant had issued a cheque for 2300 Dinars to him but the cheque bounced. The claimant said that the defendant had paid him 1600 Dinars of the amount but failed to pay the rest. 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.
The defendant appealed the ruling before the court of appeal. The court said that the defendant had no right to appeal the ruling because the appeal was not made within the legal deadline.
Decision