BCC 725/2009
Background
A company filed a case against another company asking that it be forced to pay them a debt which had resulted from a cheque. The judge objected to the request and decided to hold a hearing to review the case. The second company then produced a document which showed that the manager of the first company had already received the cheque's value. The manager had also been included in the case.
The case finally progressed to the Court of Cassation, where the first company appealed on the grounds that the ruling had violated the law and contradicted material documentary evidence. It was stated there was insufficient evidence of causation as the company still had the cheque base and the manager could not replace his company in terms of receiving an amount to the value of the cheque.
Decision