BCC 536/2017
This case involved a claim by some heirs that a bank had unfairly deducted amounts from a deceased's bank account. The court had been wrong to ignore the bank's defence that the deceased had taken out a personal loan and this was standard practice.
Background
Some heirs filed a case with the civil court against a bank asking for it to pay 22,148 Dinars. They said that the deceased had an account with the bank and after his death 15554,400 Dinars had been paid into his account, which was due from work, but the bank had deducted the amount and claimed that the deceased had a debt which they were unaware of.
The court accepted the heirs' requests.
The bank appealed the ruling before the Court of Appeal, which upheld the appealed ruling.
The bank appealed the ruling before the Court of Cassation because it contradicted the law. The ruling had refused the payment under the statute of limitations in accordance with Article 349(2) of the Trade Law.