BCC 294/2006

This case involved some bounced cheques. The key issue was who was the correct person to be asked to take an oath as the party was a legal person.

Background

A claimant filed a case against two defendants before the court requesting the defendants to pay him 148495 Dinars for cheques issued by the second defendant. The claimant said that the cheques bounced.

The court dismissed the case against the first defendant and ruled that the second defendant should pay the amount.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the two defendants should pay the claimant amount.

Decision

The first defendant appealed the ruling before the court of cassation. The court of cassation repealed the ruling and referred the case to the court of appeal. The court of appeal upheld the appealed ruling.

The claimant appealed the ruling before the court of cassation. The court of cassation repealed the ruling and referred the case to the court of appeal. The court ordered the first defendant's son to take an oath and then upheld the appealed ruling.