BCC 392/2017

This case involved the validity of a signature on a document which confirmed a debt. A key issue was what should happen if it was claimed the signature was forged but the party did not have the money to pay the expert's fees to confirm this.

Background

A claimant filed a case with the civil court against the defendant, for 5,300 Dinars and interest. They had signed three declarations confirming that they owed these sums but refused to pay.

The court asked the defendant to pay the requested amounts.

The defendants appealed the ruling before the Court of Appeal and denied that they had signed the claimant's documents.

The court accepted the appeal by denying in form.

The court appointed an expert to clarify whether or not the signature was valid .

The claimant refused to pay the expert's fees, and the court dismissed the case.

The claimant appealed the ruling before the court of cassation due to the violation of their right of defence.