BCC 392/2006

This case involved a claim for payment of an unpaid debt by guarantors. It was irrelevant that the bank had not put a reservation on the debtor's property, they were still entitled to claim the debt for the debtor or the guarantors.

Background

A bank filed a case against defendants before the civil court requesting the defendants pay an amount of money and interest. The bank said that the first defendant had received a loan from the bank and the other defendants guaranteed him. The bank said that the first defendant had failed to pay the full value of the loan.

The court ruled that the defendants should pay the bank 57292525 Dinars and 11% annual interest.

The defendants appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the defendants should pay debt in accordance with their share in inheritance.

Decision

The defendants appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had insufficient evidence of causation because the ruling did not include the reservation of the first defendant's properties at the request of the bank.