BCC 864/2016

This case involved the statute of limitations for unpaid amounts due to cheques.

Background

A creditor filed a case against some debtors before the court. He requested the court to order the debtors to pay him 18940 Dinars and the interest. He said that they owe the mentioned amount through cheques and they had failed to pay it.

The court ruled that the debtors should pay the creditor the mentioned amount and the interest.

The first debtor appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The debtor appealed the ruling before the court of cassation. She said in her grounds of appeal that the appealed ruling had violated the law. She said that she maintained that the case should be dismissed due to the statute of limitation in accordance with Article 87 of Bahrain Decree-Law No. 7/1987 but the court had dismissed this defense.

Decision

The court said that this argument was valid. The court said that the documents of the case revealed that four of the cheques had been issued ten years before and therefore the case should be dismissed due to the statute of limitations.