BCC 140/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Guarantees, Civil Evidence, Litigation Procedure & Practice, Payment & Payment Systems, Limitation of Actions, Lending & Security
Copyright
LexisNexis
Decision date
5 Feb 2007
Catchwords
Guarantee – Evidence – Litigation Procedure – Cheque – Bounced – Signature – Endorsed – Debt – Statute of Limitations
This case involved an unpaid debt which had been guaranteed by cheques which had bounced. The statute of limitations should not apply as the wife had denied her signature was on the cheques which meant she had endorsed that the amount had not been paid.
Background
A claimant requested the judge in the civil court to order two defendants to pay him 16800 Dinars. The claimant said that he lent this money to the first defendant and that his wife (the second defendant) had issued three cheques a guarantee it but the cheques bounced.
The judge refused to order the defendants to pay the amount.
The court dismissed the case due to the statute of limitations.
The claimant appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.
Decision