BCC 470/2009

This case involved a claim for an unpaid debt. The case involved the evidence supplied and whether it was sufficient to prove the agreement was a forgery.

Background

A creditor filed a case against a debtor requesting him to pay an amount.

The Court issued a ruling that requested the defendant to pay the plaintiff the requested amount.

The defendant filed an appeal and the Court of Appeal confirmed the appealed ruling.

The defendant filed an appeal in cassation on the grounds that the appealed ruling had violated the law, had erred in its application of the law and had contradicted the documented evidence because the court had ignored the defendant's assertion that he had not signed the debt agreement. He added that the court had not answered defense arguments which was a violation of Article 189 of the Proceedings Law.

The Court responded that the arguments are invalid because the defendant had been proved to be genuine. Therefore he was liable to respect the terms and conditions of the agreement pursuant to Article 13 of the Law of Evidence. On the second argument, the court stated that the defendant had not presented evidence to support his allegations.