BCC 140/2019

This case involved the failure to pay the full amount for property. The oath was taken as evidence. However, bills had been provided to show more had been paid than claimed.

Background

A company requested the judge to order a defendant to pay 1577 Dinars and interest of 5%. The company said that the defendant had bought a bedroom but ailed to pay the remaining installments. The judge refused to issue the order and the case was referred to the court.

The court requested the defendant to take the oath. The defendant took the oath.

The court dismissed the case.

The company appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the defendant should pay the company 1570 Dinars and interest of 1%.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had insufficient evidence of causation. He said that he had provided the court with bills confirming that he had paid more than the amount the company claimed.

Decision